ALLEN MEMORIAL HOSPITAL: Settles Discrimination Class Action------------------------------------------------------------Jeff Eckhoff, writing for Des Moines Register, reports that AllenMemorial Hospital in Waterloo has reached a $2 million settlementwith the named plaintiff in a lawsuit alleging that the hospitalracially discriminated against African Americans in employmentdecisions going back to the end of 2008.

The lawsuit, filed in December 2010 by Robyn Meeks, had sought toform a class-action on behalf of all blacks since Nov. 25, 2008,who tried and failed to gain employment at Allen during thatperiod, who were fired by the hospital or who were passed over forpromotion.

The consent decree, which was scheduled to be discussed on Jan. 17in a Black Hawk County courtroom, includes no admission of wrongdoing by Allen but requires that Ms. Meeks receive "reinstatement,back pay, a reasonable amount for emotional distress and a paymentof $10,000 subject to tax treatment."

Plaintiffs attorney Roxanne Conlin will receive $660,600 as partof the settlement. The rest of the money will go into a fund forpotential claimants. Any unspent money eventually will be"donated to nonprofit enterprises mutually agreeable" toMs. Conlin and Allen.

The deal also requires Allen to publish public notice about thesettlement to alert blacks in and around Waterloo about the fund.The hospital has agreed to boost training for its managers.

AMAZON: Faces Class Action Over Zappos Data Breach--------------------------------------------------paidContent.org reports that shoe retailer Zappos is facing anational class action suit one day after it warned customers thatits servers had been hacked.

On Jan. 16, the Amazon-owned shoe company sent a mass e-mailstating that 24 million customer accounts had been breached. Theincident resulted in hackers obtaining names, phone numbers, e-mails, encrypted passwords and the last four numbers of customercredit cards.

The lawsuit claims Amazon violated a part of the Fair CreditReporting Act by failing to properly encrypt and secure customerinformation, and seeks unspecified damages for 24 millioncustomers.

The lead plaintiff in the case is a Texas woman but the suit wasfiled in federal court in Louisville, Kentucky on the grounds thatAmazon has servers located in that state.

As these type of hacking incidents have become more common, so toohave related lawsuits. So far, though, few of these lawsuits beensuccessful because customers have been unable to show that theyhave been harmed by the data breaches.

The Kentucky lawsuit appears based in part on a novel legal theorythat customers will now be more susceptible to phishing and otheronline scams because hackers have their e-mail. It also allegesthe plaintiffs suffered emotional distress. Other high-profiledata breach cases such as one involving Sony's Play Station havebeen based in part on state consumer laws.

Although courts have been reluctant to find that customers havebeen harmed by data breaches, there is evidence this may bechanging. A security publication recently reportedthat an appeals court allowed customers to claim they sufferedharm in the form of having to buy insurance for identity theft.

Some media publications this week praised Zappos' for having apre-arranged plan to respond to the data theft. The companyclaims that its customer credit cards remained secure because theywere stored in a separate server.

AUSTRALIAN BANKS: Mortgage Borrowers' Class Action May Fail-----------------------------------------------------------Ben Abbott, writing for Australian BrokerNews, reports that anyclass action from disgruntled mortgage borrowers under the NCCPhas been deemed unlikely to succeed.

The class action, if mounted, would focus on first homebuyers andlower income households lured into the market by lower interestrates following the onset of the GFC and now struggling to repay.

Speaking with Australian BrokerNews, MFAA CEO Phil Naylor saidwhile detail remains sketchy, it would be difficult to see such anaction succeed under the newly implemented NCCP regime.

Mr. Naylor said the regime itself requires lenders and brokers toonly lend or recommend products that are not unsuitable.

"I would be surprised if it could be established that eitherlenders or brokers involved in such a large number of loans wouldhave not acted 'responsibly' as required under NCCP," he said.

The class action will allege that some of these borrowers areexperiencing severe financial hardship through no fault of theirown, through being allowed to enter a loan contract that theycould not afford.

The case is being spearheaded by retired international insurancebroker Roger Brown, according to Fairfax, who has been quoted assaying the way banks have been lending has been "irresponsible".

U.S. District Judge Anita B. Brody of the Eastern District ofPennsylvania also awarded $11.75 million in fees and $2.23 millionin costs to the plaintiffs' counsel, which included co-leadcounsel Hagens Berman Sobol Shapiro of Oak Park, Ill., and SpectorRoseman Kodroff & Willis of Philadelphia.

The class action charged that Babies "R" Us conspired with themanufacturers to restrict competition by requiring all retailersto sell their goods at or above a minimum resale price, and thusthat the class paid inflated prices for products, Judge Brody saidTuesday in her memorandum opinion in McDonough v. Toys 'R' Us Inc.and Elliott v. Toys 'R' Us Inc.

The settlement represented 24 percent of estimated actual damages,Judge Brody said. Among other factors, the risk of establishingliability and damages weighed in favor of settlement, the judgesaid.

The class includes customers who bought certain items between 2001and 2006.

When the case was started, a "resale price maintenance" agreementwas a per-se violation of the Sherman Antitrust Act. Then theU.S. Supreme Court "overturned nearly a century of precedent torule that RPM agreements are no longer per se violations . . .Defendants, therefore, could argue that the challenged agreementsconstituted reasonable restraints on trade and thus were legal,"Judge Brody said.

"Even if the plaintiffs could establish liability, they would nothave had an easy time providing damages because there were nouniversal price 'markup.'"

The judge also said the U.S. Supreme Court and the 3rd U.S.Circuit Court of Appeals have rendered opinions making it moredifficult for district courts to grant class certification, soverdicts in favor of the plaintiffs might be rejected by theappellate courts.

BabyAge.com Inc. and The Baby Club of America Inc. filed aseparate antitrust lawsuit against all of the defendants, chargingthat the plaintiffs were prevented from discounting items. JudgeBrody said she consolidated that case for purposes of discovery.

Kendall Millard, attorney for Peg Perego USA with Barnes &Thornburg in Indianapolis, said the litigation resolvedsuccessfully for his client and the action with BabyAge againstPeg Perego was dismissed with prejudice.

BARRACK OBAMA: Faces Class Action Over Homeland Battlefield Bill----------------------------------------------------------------Adam Klasfeld at Courthouse News Service reports that reporterChris Hedges sued President Obama in a federal class action,claiming the 2012 National Defense Authorization Act aka the"Homeland Battlefield Bill" threatens him and other journalistswith life imprisonment without charge or trial for doing theirjob.

President Obama signed the bill on New Year's Eve. It authorizesthe military to indefinitely detain anyone it accuses of planningor supporting terrorists or "associated forces," anywhere in theworld, without charge or trial.

Co-sponsor Sen. Carl Levin, D-Mich., said during congressionalhearings that Obama asked him to preserve language in the billmaking Americans subject to indefinite detention.

In his signing statement, however, Mr. Obama claimed that he wouldnot use that power against U.S. citizens -- though the billauthorized it.

"I have signed this bill despite having serious reservations withcertain provisions that regulate the detention, interrogation, andprosecution of suspected terrorists," Mr. Obama wrote. He addedlater: "I want to clarify that my administration will notauthorize the indefinite military detention without trial ofAmerican citizens. Indeed, I believe that doing so would breakwith our most important traditions and values as a nation."

That nonbinding promise did not satisfy Mr. Hedges, who said thelaw puts him at risk of indefinite detention.

"Plaintiff Christopher Hedges is a journalist whose professionrequires, in part: 1) that he have communication with and personaland direct intercourse with persons who are likely to be deemedengaged in hostilities with the United States under the AUMF[Authorization for Use of Military Force, Public Law 107-40] andthe Homeland Battlefield Bill; 2) that he travel to see and meetwith such persons; 3) that he report on the activities and beliefsof such persons; and 4) through his journalistic endeavors toconvey their philosophy and belief systems to the public atlarge."

Citing the language of the Homeland Battlefield Bill, Hedges'complaint continues: "As a journalist, essayist, author and warcorrespondent, plaintiff publishes and conveys the opinions,programs and ideas of 'al-Qaeda, the Taliban, or associated forcesthat are engaged in hostilities against the United States or itscoalition partners, . . .', Homeland Battlefield Bill, Section1031(b)(2), such journalistic activity being brought within thescope of the statute's provision defining a 'covered person' asone who has 'substantially supported' or 'directly supported' theacts and activities of such individuals or their organizations,allies or associated forces."

Mr. Hedges cites a Jan. 31, 2011 article he wrote forTruthdig.com, which he says could cause the U.S. government toaccuse him of being a terrorist. Mr. Hedges wrote: "The secularArab regimes from Morocco to Yemen, for all their ties with theWest, have not provided freedom, dignity, opportunity orprosperity for their people. They have failed as spectacularly asthe secular Palestinian resistance movement led by Yasser Arafat.And Arabs, frustrated and enduring mounting poverty, are ready forsomething new. Radical Islamist groups such as the PalestinianHamas, the Shiite Hezbollah in Lebanon and the jihadists fightingin Iraq and Afghanistan are the new heroes, especially for theyoung who make up most of the Arab world. And many of those whoadmire these radicals are not observant Muslims. They support theIslamists because they fight back."

Mr. Hedges says he "has and expects to again publish otherwritings of similar nature," and that under the HomelandBattlefield Bill, such articles could earn him a one-way ticket toGuantanamo or other extrajudicial prisons.

"This complaint is not an acknowledgment or admission as a matterof law or fact that plaintiff is a 'covered person' or isotherwise within the scope of the Homeland Battlefield Bill, butthe complaint asserts that the Homeland Battlefield Bill issufficiently broad or overbroad as to cause plaintiff andsimilarly situated persons to be in foreseeable jeopardy of beingbrought within its textual provisions," the complaint states.

"I spent many years in countries where the military had the powerto arrest and detain citizens without charge," Mr. Hedges wrote inthe article published on Jan. 16. "I have been in some of thesejails. I have friends and colleagues who have 'disappeared' intomilitary gulags. I know the consequences of granting sweeping andunrestricted policing power to the armed forces of any nation.And while my battle may be quixotic, it is one that has to befought if we are to have any hope of pulling this country backfrom corporate fascism."

Later in the article, Mr. Hedges wrote: "This demented 'war onterror' is as undefined and vague as such a conflict is in anytotalitarian state. Dissent is increasingly equated in thiscountry with treason. Enemies supposedly lurk in everyorganization that does not chant the patriotic mantras provided toit by the state. And this bill feeds a mounting state paranoia.It expands our permanent war to every spot on the globe. Iterases fundamental constitutional liberties. It means we can nolonger use the word 'democracy' to describe our political system.

"The supine and gutless Democratic Party, which would have feignedoutrage if George W. Bush had put this into law, appears willing,once again, to grant Obama a pass. But I won't. What he has doneis unforgivable, unconstitutional and exceedingly dangerous."

Mr. Hedges asks that the law to be declared void for violating ofthe 1st and 5th Amendments, and constitutional rights on access tocivilian courts.

The case has been assigned to U.S. District Judge Katherine B.Forrest, who was named one of "America's Leading Lawyers forBusiness" by Chambers U.S.A. before President Obama appointed herto the bench in 2011.

BAXTER INT'L: San Mateo County Lacks Antitrust Standing-------------------------------------------------------Jack Bouboushian at Courthouse News Service reports that a federaljudge may sever a component lawsuit from the multidistrictantitrust case involving the leading suppliers of certain bloodtherapies.

Across various federal districts, direct and indirect purchasersof plasma have brought almost 20 actions against BaxterInternational, three CSL entities and the Plasma ProteinTherapeutics Association. Pennsylvania-based Baxter andAustralia-based CSL are the world's largest and second largestsuppliers of plasma-derivative protein therapies for rare immune-deficiency diseases, coagulation disorders and respiratorydiseases.

With facilitation from the trade organization, the companiesallegedly conspired to restrict output of blood plasma toartificially control the prices of plasma-derivative proteintherapies in the United States.

As multidistrict litigation got underway in Chicago, the county ofSan Mateo, Calif., brought its own putative class action, claimingthat it was "forced to keep purchasing plasma-derivative proteintherapies on the spot market at a higher price due to supplyshortages caused by the defendants' conspiracy."

Though the Judicial Panel on Multidistrict Litigation transferredthe San Mateo case to join the others, U.S. District Judge JoanGottschall appears poised to sever after finding last week thatSan Mateo lacks antitrust standing to pursue federal claims.

While San Mateo has standing to pursue its state-law claims, JudgeGottschall said there was no basis for federal standing becausethe California county did not purchase plasma therapies in otherstates.

San Mateo alleges "a core antitrust injury," but Supreme Courtprecedent requires a "proper plaintiff" determination based on thecourt's "case-by-case analysis of the link between a plaintiff'sharm and a defendant's wrongdoing," Judge Gottschall said.

"In this case, the existence of a less remote party to vindicatethe public interest is no hypothetical proposition: the directpurchasers are actively pursuing their claims, and they seekdamages and the same injunctive relief sought by San Mateo," the19-page decision states. "By denying San Mateo leave to proceed,the court will not 'leave a significant antitrust violationundetected or unremedied.'"

With the federal claim dismissed, Judge Gottschall held theremaining issues in abeyance and ordered the parties to submitbriefs as to jurisdiction and the propriety of keeping this caseas part of the multidistrict referral.

A copy of the Memorandum Opinion & Order in In re: Plasma-Derivative Protein Therapies Antitrust Litigation, Case No. 09-cv-07666 (N.D. Ill.), is available at:

Mr. Ranjha, a tenant in an apartment owned by the Defendants,relates that in November 2010, the City of Chicago cited theapartment for certain violations. However, he alleges, none ofthe code citations were disclosed to him at or before the time heentered into his rental agreement, or ever, by the Landlords -- inviolation of the RLTO.

Since April 26, 2011, Mr. Ranjha leased an apartment from theDefendants in Chicago, Illinois.

The Defendants own the apartment, which is located at 18 E. ElmStreet, in Cook County, in Chicago, Illinois. The apartment hasmore than 140 dwelling units.

COSTA CONCORDIA: More Than 70 Passengers Join Class Action----------------------------------------------------------Agence France-Presse reports that more than 70 passengers from theCosta Concordia luxury liner which sank off the coast of Italyhave joined a class action suit against the owner, consumer rightsassociation Codacons said on Jan. 17.

"Over 70 passengers who were on board the ship have joined theclass action suit initiated by our association," Codacons headCarlo Rienzi said in a statement.

"Our objective is to get each passenger at least 10,000 euroscompensation for material damage and also for . . . the fearsuffered, the holidays ruined and the serious risks endured," hesaid.

The legal action will have to be judged admissible by a magistratein a procedure which could take "some months", according to theco-head of the consumer rights association, Marco Ramadori.

Mr. Ramadori said he was "fairly confident" that the action wouldbe allowed.

The Costa Concordia was carrying more than 4,200 people when itran aground on Jan. 13 shortly after starting a seven-dayMediterranean, leaving at least six dead and 29 missing.

DIOCESE OF COVINGTON: Judge to Rule on Settlement Complaints------------------------------------------------------------Jon Newberry, writing for Business Courier, reports that KentonCounty Circuit Judge Gregory Bartlett said on Jan. 17 he'll rulewithin a week on motions to dismiss two lawsuits filed againstStan Chesley and his associate Bob Steinberg over their handlingof the Covington Diocese sex-abuse class-action settlement thatwas approved in 2006.

Covington lawyer Michael O'Hara, who represents Messrs. Chesleyand Steinberg, argued the complaints raised in the currentlawsuits were already dealt with, and rejected by the court, inthe earlier class-action case that formally ended in 2009.Messrs. Chesley and Steinberg represented hundreds of victims ofsex-abuse by Diocese officials in that class action, and O'Harawas their co-counsel.

Claimants received more than $60 million, after fees, fromsettlement funds contributed by the Diocese and its insurers.

Mr. Chesley's law firm and other lawyers were paid about $18.5million in legal fees, or 22 percent of the awards to claimants.Louisville lawyer David Ward, representing three claimants in theDiocese settlement, argued on Jan. 17 that the issues being raisedin the current litigation were never raised in the Diocese casebecause the claimants were never told what their lawyers weredoing.

The court should permit their lawsuits to proceed so that theyhave a chance to discover the facts, Mr. Ward said.

Judge Bartlett said he wondered about a connection between theallegations made by the Diocese plaintiffs and issues raised in aseparate case related to a $200 million settlement for victims ofthe diet-drug known as fen-phen.

"I can't help but wonder about whether publicity about Chesley'sfen-phen problems has contributed to this case," Judge Bartlettsaid at the Jan. 17 hearing. "It just seems to be verycoincidental. . . . This is not the fen-phen case."

FIRST RESOLUTION: Accused of Illegal Debt Collection in Illinois----------------------------------------------------------------Elizabeth Ammons, individually and on behalf of all otherssimilarly situated v. First Resolution Investment Corporation andBlitt & Gaines, P.C., Case No. 2012-CH-01577 (Ill. Cir. Ct., CookCty., January 17, 2012) arises from the Defendants' alleged debtcollection activities during a period of time in which FirstResolution was not registered as a debt collector, as required bythe Illinois Collection Agency Act.

During the time, First Resolution did not possess the requiredlicense, the Defendants were precluded by law from initiating andpursuing debt collection from her and the putative class, Ms.Ammons argues. She asserts that the Defendants' unlawful debtcollection activities caused damages to her and the putativeclass.

Ms. Ammons is a resident of Cook County, Illinois.

First Resolution, a Nevada corporation, acquires and collectsdelinquent consumer debts originally owed to others. Blitt, anIllinois corporation, acts as attorney and agent for FirstResolution.

GOOGLE INC: Free Trial of Google Tags Not Free at All, Suit Says----------------------------------------------------------------Rachel Frezza and Mauro Rodriguez, on their own behalf and allothers similarly situated v. Google Inc., Case No. 5:12-cv-00237(N.D. Calif., January 13, 2012) accuses Google of knowingly andrepeatedly deceiving business owners and consumers by luring theminto signing up for a supposedly "free" trial of Google Tags, anonline feature that was designed to enhance the appeal of abusiness and more effectively promote the services of thatbusiness on the Web.

Google gave merchants every reason to believe that they could tryGoogle Tags without financial risk or obligation, but it turnedout to be anything but free, the Plaintiffs contend. They allegethat Google charged merchants during the 30-day trial period andthen asserted that the trial offer consisted merely of a $25discount off the total price of the service. Making mattersworse, they add, many consumers have discovered that they cannotremove their credit card information from Google's billing system,even though Google Tags was abolished in early 2011.

The Plaintiffs are citizens of the state of North Carolina.

Google is a multinational public corporation that provides anarray of Internet-based products and services, includingadvertising technologies, e-mail, and various online productivitytools in addition to its ubiquitous Web search engine. TheMountain View, California-based Company indexes billions of Webpages, and in 2010, Google took in more than $29 billion inrevenue and more than $8 billion in profits.

Named plaintiffs Tasha and Fredierick Smith say Intuit violatesthe Truth in Lending Act, and California business and usury laws.

The Smiths, of Arkansas, used Intuit's online tax preparationsoftware in 2009, 2010, and 2011. Each time, they say, theydeferred paying the $86.90 fee to use the software, and chose tohave it deducted from their tax refund.

Intuit charged them another $29.95 for this, more than 34 percentof the $86.90 fee, the Smiths say. They received their refundfrom the IRS in 2 weeks.

The Smiths call it "a ruse and merely a device through whichusurious interest would be exacted".

They claim that Intuit's "arrangement with various banks, wherebythe banks collected the Refund Processing Service Fees fromplaintiffs and the subclasses and delivered a substantial portionthereof to the defendant was essentially a sham arrangement, withthe aim of evading California's usury law."

"Through the use of fabricated assignments, endorsements andaffidavits that purport to transfer deeds of trust, notes and therights to all monies due under the terms of tens of thousands ofnon-negotiable promissory notes (the 'MLNs'); Chase hasdemonstrated a pattern and practice of playing 'hide-and-seek'with debtors, judges and other bankruptcy players," the complaintstates.

"Chase intentionally conceals the identity of the true parties ininterest entitled to enforce the tens of tens of thousands ofresidential non-negotiable promissory notes (the 'MLNs') for itsown financial benefit, at the expense of the class and to thedetriment of the integrity of the bankruptcy system."

Mr. Bakenie says Chase used a network of attorneys to file morethan 7,000 motions for relief from automatic stay in bankruptcycases in the Central District of California, "wherein they falselyclaim to be the party entitled to monies due under the terms ofMLNs."

Chase rewards attorneys based on how quickly they can secure thestays, and uses fabricated documents to establish chain of titleon loans, according to the complaint.

"Rather than incur the cost of 'proving up' its own standing orthe standing of its principal Mortgage Backed Security Trust,Chase systemically misrepresents Chase or a designated MBST to bea creditor in tens of thousands of bankruptcy cases by utilizingmanufactured documents," the complaint states.

"That said manufactured documents are fabrications intended tocreate the illusion of a valid transfers MLNs and support theassertion of standing in tens of thousands of bankruptcy cases. .. .

"That the aforementioned fabricated evidence is 'photo-shopped'and is highly persuasive and authentic in appearance so as toensure legal victory in the bankruptcy courts.

"That said manufactured evidence is systemically utilized todeceive bankruptcy players and increase the profits of Chase, itsagents and its principals through massive cost savings and theimposition of attorney fees upon class borrowers.

"As a direct result of this practice, over 95 percent of Chase'smotions for relief of stay and proofs of claim are granted withoutobjection.

"That the use of the fabricated evidence has a chilling effect onclass debtors and their attorneys. Said business practicesdiscourages bankruptcy players from offering objections or fromquestioning the validity of Chase's false claims based onstanding."

Mr. Bakenie adds: "That said practice allows Chase to dumpdefaulted loans that were never properly securitized by WAMU andother originators acquired by Chase into private mortgage backedsecurity trusts by creating the illusion of a valid transfer.

"Said practice shifts the liability of defaulted loans notproperly securitized by WAMU, from Chase to private mortgagebacked security trusts. The practice allows Chase to effectivelymitigate the millions of dollars in liability of the WAMUacquisition, where WAMU failed to transfer MLNs of its portfoliobefore its demise. Said practice shifts losses from WAMU to MBSTbond investors.

"That after a non-judicial foreclosure sale, class members remainindebted to the true beneficiary for the unsecured note butwithout credit for the loss of the collateral to Chase'sdesignated assignee.

"Most egregiously, the network attorneys utilize the inducingdocuments to obtain attorney fees awards from by the bankruptcyjudges ranging from $600-$1,000 for each successful motion forrelief of stay."

Mr. Bakenie concludes that "degradation of the integrity of ourbankruptcy court system cannot be justified in the name of Chase'scost savings and unjust enrichment."

The Defendant's operation of its facility has been the subject ofnumerous and constant complaints by residents and organizations ofthe surrounding neighborhood, and by the Government, all of whichhas failed to compel the Defendant to cease the improper operationof its facility, the Plaintiffs contend. They assert that theDefendant's continued invasion and trespass of their properties byair contaminants, odors, chemicals, and particulates from thefacility has caused damage to the properties.

The Plaintiffs are residents in the neighborhoods, which arewithin one mile of the Defendant and which contain over 8,002homes and 33,510 residents.

Midwest is a Delaware Limited Liability Company. Midwest operatesa coal-fired electrical generation facility located at 3501 S.Pulaski Road, in the County of Cook, Illinois.

The action is necessary to protect their and others' propertyrights, which have been unreasonably interfered with and invadedby fallout particulate and contaminants from the Defendant'sgeneration facility, the Plaintiffs contend. The Plaintiffs arguethat the Defendant has caused material injury to their person andproperty through negligence, gross negligence, nuisance, trespassand strict liability.

The Plaintiffs are residents in the neighborhoods, which arewithin one mile of the Defendant and which contain over 13,786homes and 43,347 residents.

Midwest is a Delaware Limited Liability Company. Midwest operatesa coal-fired electrical generation facility located at 111 CermakRoad, in the County of Cook, Illinois.

PLIMUS INC: Sued in Calif. Over Fabricated Consumer Reviews-----------------------------------------------------------Nick McCann at Courthouse News Service reports that a federalclass action claims an online marketing company defrauds customerswith phony reviews to induce them to pay for "lifetime access" tomaterial that's already free on the Internet.

Kimberly Yordy sued Plimus and its corporate parent Great HillPartners in San Francisco Federal Court.

She claims the defendants' marketing campaigns use "fabricatedconsumer reviews, testimonials, and fake blogs that are allintended to deceive consumers seeking a legitimate product andinduce them to pay."

Ms. Yordy says Plimus works with dozens of affiliate sites thatoffer the "free" digital goodies using the false advertisements.

"In the end, the only things provided to registered members of anyof the Unlimited Download Websites include access to digital goodsthat are already available for free elsewhere on the internet,such as eBooks found at Project Gutenberg, (a public domain onlinelibrary) or else, simply provides links to torrent search enginesthat allow a consumer to download already publicly shared digitalgoods," the complaint states.

What's more, Ms. Yordy says, aside from the fact that torrentsearch engines are available for free online, "accessing anddownloading files through a torrent search engine is illegal andconstitutes copyright infringement of the digital goods acquired.Accordingly, defendants and the unlimited download Web sites arepromoting and profiting by directing consumers to illegal means ofobtaining digital goods, all the while taking affirmative steps togive consumers the distinct impression that their conduct islegal."

Ms. Yordy cites a movie download site she describes as a paidaffiliate of Plimus, and says it shows fabricated "consumerreviews" praising the phony service, which are written by thecompany or its affiliates.

"Reviews containing identical, word-for-word content appear acrossthe Internet, with only the name of the reviewing 'consumer' andthe product having been changed," the complaint states.

Ms. Yordy says she visited the Plimus-affiliated website"TheNovelNetwork.com" in July 2011 and signed up for a $49.95"one-time membership fee" to receive "unlimited access to numerousbestselling eBooks."

She came to realize that all the eBooks made available to her werealready available for free, and says she would not have paid DimeOne had she known that.

Ms. Yordy says she hired a lawyer to complain, and Plimussubsequently took down that site and others, claiming that their"refund rate was too high."

"However, Plimus continues to market and profit from twenty-sevenother unlimited download Web sites still in operation at the timeof filing this complaint," she says.

PROVINCE OF OTTAWA: Roma Refugees Want Class Action Certified-------------------------------------------------------------Nicholas Keung, writing for Toronto Star, reports that a classaction would be more efficient in dealing with a slew of lawsuitsby Czech Roma refugees against Ottawa for "institutional bias,"the federal court was told on Jan. 16.

Otherwise, the court would probably be "inundated" with hundredsof individual cases on similar allegations, said lawyer RoccoGalati, who represents 16 Roma asylum seekers and has 15 similarcomplaints against the federal government in the queue.

On Jan. 16, the Roma refugees asked Justice James Russell tocertify their lawsuit as a class action against the federalgovernment, Immigration Minister Jason Kenney and former ForeignAffairs Minister Lawrence Cannon.

Their lawsuits stem from Mr. Kenney's public comments describingthe Roma as "bogus" refugees, the foreign affairs department'simposition of visitor visas on people visiting from the CzechRepublic, and a country report produced by the refugee board in2009 justifying refusal based on the argument that there is stateprotection available to the Roma in the Czech Republic.

Mr. Galati said those events, together, constitute a "reasonableapprehension of institutional bias" against Czech Roma refugees bythe government and deny them access to a fair asylum determinationprocess.

A court decision favorable to the Roma could potentially reopenhundreds of failed asylum cases and put a stop to the use of thecountry report in refusing Czech Roma refugees.

Government lawyer Mary-Louise Wcislo urged the court not tocertify the class action because the process would be "complex andexpensive."

For instance, parties must send out notice of the class action toconcerned individuals and develop an opt-out scheme for those whodon't want to be part of the lawsuit, causing unnecessary "delaysand expense," Ms. Wcislo argued.

The court, she added, could always resurrect the class actionafter hearing the evidence and facts by the plaintiffs anddefendants.

But Mr. Galati said sending out class-action notices and designingan opt-out scheme are "not rocket science." It costs $2,000 toput ads in legal publications and set up a Web site -- plus a $45monthly administrative fee -- to inform people of the classaction, Galati noted.

Earlier, Ms. Wcislo had asked the court to strike some portions ofthe plaintiffs' statement of claim, arguing that they were toovague and general.

"The assertive conclusions, opinions and assumptions are just notgood enough," Ms. Wcislo said.

But if that's the case, Mr. Galati contended, the governmentshould have filed a motion for particulars, not a motion tostrike.

The focus of Shell Vacations' presentations is that the purchaseof a Membership would provide consumers with the ability to takethe dream vacations they always wanted but could never afford, thePlaintiffs contend. They point out, among other things, thatShell Vacations makes uniform misrepresentations that itstimeshare Membership would increase in value just like realestate, when the timeshare interests actually decreasedsignificantly in value, and that the Membership was a goodfinancial investment that was protected against inflation, when inactuality, it was not a good investment due to the high purchaseprice, extensive costs and maintenance fees involved and decliningvalue.

Ms. Putnam is currently a resident of the Commonwealth ofMassachusetts, while Ms. Medina is currently a resident of thestate of New York. Ms. Putnam and Ms. Medina were both residentsof the state of California when they signed the Purchase Agreementfor their Membership with Shell Vacations on March 16, 2008.

Shell Vacations, LLC is a Delaware Limited Liability Company.Shell Holdings is a Delaware Corporation, while SVC-West is aCalifornia Limited Partnership. The Defendants, which are allauthorized to conduct business in California, conduct asubstantial amount of business throughout the state, including themarketing, promotion and hosting of sales presentations fortimeshare memberships.

SPECTRE PERFORMANCE: Sued Over False Advertising on Air Filters---------------------------------------------------------------Class Action.org is alerting consumers to a Spectre Performancelawsuit lodged by competitor K&N Engineering, Inc., which allegedthat Spectre made false statements regarding the benefits of itsair filters and air intake systems. In November 2011, a jury inthe Spectre Performance lawsuit found that the companyintentionally engaged in several types of false advertising whenit made claims regarding the fuel savings, filtration andhorsepower capabilities of these products. If Spectre Performanceindeed made false claims regarding the benefits of its air filtersand air intake systems, consumers who purchased these products maybe able to file a claim to recover the cost of their product. Tofind out if you are eligible to seek compensation for yourpurchase, visit http://www.classaction.org/spectre-performance-air-filters-and-intake-systems.html for a free case evaluation.

Since the jury in the Spectre Performance lawsuit found that thecompany made false claims regarding its air filters and air intakesystems, a federal court released a final judgment and permanentinjunction against Spectre Performance. According to reports, thecourt found Spectre Performance's claims that its air filters andair intake systems could "save gas" and that government studiesillustrate that efficient air filters can provide "up to 10%better fuel economy," were false, and stated that governmentresearch revealed that the air filters do little to improve gasmileage. In addition, it was reported that the court found thatSpectre made false statements when it claimed that Speed bySpectre hpR filters were "tested at independent labs using ISO5011 standards, and have been proven to filter 99.6% ofparticles." Rather than test all of its filters, Spectre only rana test on one specially designed filter, one not chosen from theproduction run, providing no basis on which the court couldconclude that any hpR filter sold to consumers would have the sameSpectre air filter efficiency as the sample test filter, accordingto reports. Furthermore, the court found that SpectrePerformance's "Dyno Gains" graphs were used to suggest that usingthe Speed by Spectre hpR filter instead of the stock filter couldincrease horsepower as much as 35%, a claim it concluded to beuntrue.

In light of the allegations presented by the Spectre Performancelawsuit and the court's findings, Class Action.org would like tohear from consumers who purchased any air filter or air intakesystem sold by Spectre to determine if legal recourse isavailable. If Spectre violated consumer protection laws, theseindividuals may be able to make a claim to recover compensationfor the cost of their product. To learn more about the SpectrePerformance lawsuit and to receive a free evaluation of yourclaim, visit Class Action.org today.

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SUNTRUST BANKS: Class Action to Remain in D.C. Superior Court-------------------------------------------------------------Ryan Abbott at Courthouse News Service reports that a class actionthat accuses SunTrust Banks of taking kickbacks from mortgageinsurers should play out in D.C. Superior Court, a federal judgeruled.

U.S. District Judge Barbara Rothstein also rejected deniedSunTrust's motion to dismiss.

The class had moved to remand after Suntrust removed the case fromSuperior Court in May 2011.

About a month earlier, the same day that the present case wasfiled, the class had voluntarily dismissed a federal complaintthat made similar claims.

SunTrust Banks allegedly steered homebuyers to private mortgageinsurance companies that pay the banking giant kickbacks for thebusiness. The class says that the deals "reap millions of dollarsin referral fees" for the bank, and "over time artificiallyinflate the cost of mortgage insurance."

The bank and its subsidiaries refer borrowers to private mortgageinsurance companies in exchange for a portion of the borrowers'monthly premiums, lead plaintiffs Archie and Violet Moses say.

In most instances, consumers were not even aware of the identityof the mortgage insurer, leaving them unable to negotiateinsurance rates, according to the complaint.

The class seeks compensatory and punitive damages for fraud andconspiracy.

A copy of the Memorandum Opinion and Order on Motion to Remand andMotion to Dismiss in Moses, et al. v. SunTrust Mortgage, Inc.,Case No. 11-cv-00822 (D.D.C.), is available at:

UNITED STATES: Arizon Sheriff to Appeal Immigration Law Ruling--------------------------------------------------------------Jacques Billeaud, writing for The Associated Press, reports thatan Arizona sheriff known for his anti-illegal immigration tacticsis appealing a federal judge's ruling that prohibited his deputiesfrom detaining people under the state's immigrant-smuggling lawbased solely on the suspicion that they're in the countryillegally.

Maricopa County Sheriff Joe Arpaio's lawyers told U.S. DistrictJudge Murray Snow in a filing on Jan. 13 that they will appeal thejudge's Dec. 23 ruling in a lawsuit alleging that the sheriff'sdeputies racially profiled Latinos in immigration patrols.

Lawyers pushing the lawsuit on behalf of five Latino clients alsowon class-action status that lets other Hispanics join the case ifthey have been detained and questioned by Mr. Arpaio's deputies aseither a driver or passenger in a vehicle since January 2007.

WAL-MART STORES: Seeks Dismissal of Gender Discrimination Suit--------------------------------------------------------------Dan Levine, writing for Reuters, reports that women who refiled agender discrimination lawsuit against Wal-Mart Stores Inc. havefailed to come to grips with the landmark U.S. Supreme Courtdecision that ended their nationwide class action against thecompany, Wal-Mart argued in a court filing.

Plaintiffs alleging the world's largest retailer denied them payraises and promotions because of their gender are regrouping afterthe high court last year dismantled a class of up to 1.5 millioncurrent and former Wal-Mart workers.

The Supreme Court's decision has since rippled out beyond Wal-Martand curtailed the ability of plaintiffs to sue collectively inother cases.

The Wal-Mart workers filed a reformulated lawsuit in a SanFrancisco federal court in October, saying they were confiningtheir allegations to California. The lawsuit is part of astrategy to bring more narrowly tailored class actions.

But in a motion to dismiss filed late on Jan. 16, Wal-Mart saidthe smaller proposed class action actually seeks to cover allwomen who were employed at any Walmart in any region that includeda California store.

Read literally, that would include most states west of theMississippi River, Wal-Mart argued.

"This attempt to cobble back together the original class badlymisses the point," Wal-Mart said. "Without the 'glue' of a commonpolicy or practice holding individual claims together, there is nojustification for adjudicating them collectively. And plaintiffsstill fail to allege any such 'glue.'"

However Brad Seligman, an attorney for the plaintiffs, said therefiled lawsuit is a "much different case" than the one rejectedby the U.S. Supreme Court.

Instead of relying on nationwide statistical patterns andanecdotal evidence provided by plaintiffs, the new lawsuit allegesspecific discriminatory statements made by the district andregional managers that have decision-making authority over pay andpromotions, he said.

"This is an extraordinarily strong case," Mr. Seligman said.

In their amended lawsuit, the plaintiffs also cited a 2004 meetingwhere then Wal-Mart Chief Executive Tom Coughlin told districtmanagers that "women tend to be better at information processing,"while men are better at focusing on a single objective.

In its filing on Jan. 16, Wal-Mart called these allegations"irrelevant." Even if true, such evidence of a discriminatorycorporate culture would not be sufficient to show that every classmember suffered intentional discrimination, Wal-Mart argued.

Wal-Mart proposed a May hearing date for its dismissal motion.

The case in U.S. District Court, Northern District of Californiais Betty Dukes, Patricia Surgeson, Edith Arana, Deborah Gunter andChristine Kwapnoski, on behalf of themselves and all otherssimilarly situated v. Wal-Mart Stores Inc, 01-2252.

YMCA: Sued Over Bed Bug Infestation in Niles, Illinois Hotel------------------------------------------------------------Miles Masek, individually, and on behalf of a class of similarlysituated and aggrieved persons v. YMCA of Metropolitan Chicago,LLC, Case No. 2012-CH-01550 (Ill. Cir. Ct., Cook Cty.,January 17, 2012) states that the Plaintiff and members of theClass rented, occupied and resided in rental units in a YMCA hoteland were charged and paid rent for those units.

The Plaintiff asserts that YMCA represents to its guests that itprovides on-site maintenance and housekeeping services and thatits hotel rooms are safe and sanitary. However, he alleges thathis unit was infested with cimex lectularius, also known as bedbugs. He contends that Cimex lectularius infestation is adangerous condition because the bugs feed on human blood andtissue, normally at nighttime when human occupants are sleeping.

Mr. Masek rented one of YMCA's guest rooms.

YMCA, an Illinois limited liability company, owns, operates,manages and controls premises commonly known as Leaning TowerYMCA, in Niles, Illinois. YMCA operates as a single-room-occupancy hotel, which is comprised of 197 separate guest roomsfor which guests pay approximately $700-$900 per month.

In a Jan. 9, 2012 memorandum and decision, Justice Sherry KleinHeitler of the Supreme Court of New York County denied the motionafter determining that Mr. Galen has met its burden of proof andsummary judgment is inappropriate.

Justice Heitler noted that although Mr. Galen has not explicitlyidentified any products manufactured by Aurora as a source of hisexposure to asbestos, he has met his burden by submittingdocumentary evidence which consists, among others, of invoices and"recommendations and proposals," which indicate that numerousAurora pumps were installed aboard the U.S. Navy ship where Mr.Galen was employed. Justice Heitler also found that Mr. Galenalso submitted evidence that Aurora provided replacement gasketsand sleeves to the Brooklyn Navy Yard during the time period whenhe worked there as a rigger.

ASBESTOS UPDATE: Mo. Court Affirms Injunction Order vs. CFF------------------------------------------------------------Clayton Forsyth Foods, Inc. appeals from a trial court's entry ofa permanent injunction prohibiting the company from denying MBTown Center LP, access to the premises it leased to CFF andrequiring CFF to remove all signs from the leased premises. MBTown Center began remediation process of the lease premises whenit became aware that the insulation on the pipes in the basementof the leased premises contained asbestos material. CFF allegedlyplaced enlarged signs relating to the removal of the asbestos-containing material despite receiving correspondence from MB TownCenter prohibiting the placement of such signs.

In a Jan. 10, 2012 memorandum and decision, Justice Sherri B.Sullivan of the Court of Appeals of Missouri, Eastern District,Division Four, affirmed the trial court's judgment and remandedthe case.

The Appellate Court found that CFF and its president failed topresent any challenge to the injunctive relief granted in thetrial court. Further, the Appellate Court pointed out that CFFcannot raise new issues on appeal when it failed to raise thoseissues before the trial court.

On the issue of whether CFF was deprived of its right toprocedural due process by the trial court's entry of the permanentinjunction without providing its officers with notice andopportunity to be heard, the Appellate Court remanded the issue tothe trial court for clarification. The Appellate Court directedthe trial court to clarify whether Larry Lamper, CFF's president,and Angela Lampert, CFF's employee, are enjoined individually oronly in their capacity as representatives of CFF.

ASBESTOS UPDATE: Negligence Suit v. Armstrong, GE Remanded----------------------------------------------------------Leonard R. Adams and Marian M. Adams filed a motion for remand tostate court the lawsuit they filed alleging that ArmstrongInternational, Inc., et al.'s negligence and failure to warnresulted in Mr. Adams's asbestos exposure and mesothelioma. Thecase was originally filed in the Circuit Court of the ThirdJudicial Circuit, Madison County, Illinois. One of thedefendants, General Electric Company removed the case of the U.S.District Court for the District of Illinois.

In a Jan. 10, 2012 decision, Judge G. Patrick Murphy of the U.S.District Court for the District of Illinois remanded the case tothe Circuit Court for lack of federal subject matter jurisdiction.

The District Court found that GE failed to show that the U.S. Navyprevented it from complying with a state duty to warn. The noticeof removal does not support the federal subject matterjurisdiction alleged by GE. GE has claimed that it is entitled toinvoke federal officer jurisdiction because at least part of Mr.Adams's alleged exposure to asbestos occurred while he was servingin the Navy at Knolls Atomic Power Laboratory and aboard theU.S.S. Enterprise vessel for which GE manufactured turbinescontaining asbestos.

ASBESTOS UPDATE: WR Grace Claims vs. Integrity Insurance Junked---------------------------------------------------------------W.R. Grace & Co., a company that is presently in Chapter 11reorganization in bankruptcy, appeals from the denial of itsclaims for insurance benefits on account of its alleged liabilityfor asbestos-related injuries that were allegedly covered bypolicies of excess insurance purchased from Integrity InsuranceCompany, an insurance entity that is presently in liquidation. Atissue is whether Grace's proofs of claim met the requirements ofthe Uniform Insurers Liquidation Act and interpreted by the NewJersey Supreme Court.

In a Jan 11, 2012 memorandum and opinion, a three-member panel ofjustices of the Superior Court of New Jersey, Appellate Division,composed of Judges Edith K. Payne, Susan L. Reisner, and Marie P.Simonelli affirmed the denial after finding that the proofs ofclaim failed to meet the requirements of the Act and precedent.

In its appeal, Grace relied on the report of its expert witness,Dr. Mark A. Peterson, who submitted an expert report regarding thevaluation of claims dated June 2007, and presented a summary ofhis conclusions to the bankruptcy court during plan confirmationhearings that included his estimate of the value of claims pendingat the time of bankruptcy in the amount of $549 million and hisestimate of the value of claims arising during the bankruptcyperiod in the sum of $2.253 billion. However, after a review ofthat report, the Superior Court determined that the figuresdisclosed are premised on estimations based on Grace's prior lossexperience, a forecast of future claims handling approaches andtheir results, and upon the loss experience of comparable asbestosclaim defendants like Johns Manville. Thus, the Superior Courtruled, the estimates of the value of the claims do not "stand ontheir own," but instead, are dependent, among other things, uponvalues attributed to other claims. As a consequence, the claimsare not "absolute" under the standards for absolute claims setforth by the Supreme Court, the Superior Court held. The factthat the claimants are known does not change this analysis, theCourt added.

The Superior Court also held that the Uniform Insurers LiquidationAct, as adopted in New Jersey, provides a comprehensive mechanismfor the liquidation of insurance companies and for allowance ofcertain claims against the estates of those companies and federalbankruptcy law plays no part in this State regulatory scheme.

The Superior Court also affirmed the denial of Grace'ssupplemental proof of claim for recovery of $641 million allegedlypaid on personal injury claims before April 2, 2001. The SuperiorCourt held that Grace has offered no explanation why the data wasnot timely furnished nor has it offered relevant precedent thatwould permit it to supplement its POCs with information in itspossession from the outset and to compel consideration of itsuntimely POCs by the liquidator of Integrity.

The case is Commissioner of Insurance v. Integrity InsuranceCompany, No. A-250-10T4 (N.J.). A copy of the Jan. 11 decision isavailable at http://is.gd/EDtDmMfrom Leagle.com.

ASBESTOS UPDATE: Md. Ct. Upholds Garnishment on NLG Insulation--------------------------------------------------------------Judge Catherine C. Blake of the U.S. District Court for theDistrict of Maryland denied a motion by NLG Insulation, Inc., toexempt $6,000 in cash from execution of an unpaid judgment as wellas a subsequent motion to dismiss or quash all of the writs fordefective service and content.

The Asbestos Workers Local 24 Pension Fund served writs ofgarnishment on three companies to collect on the judgment.

In a Jan. 11, 2012 memorandum and opinion, the District Courtruled that the writs of garnishment issued to garnishees AWAMechanical Inc., Fru-Con Construction, LLC, and M&M Welding andFabricators, Inc. are valid for $33,078.21 plus interest. TheDistrict Court, pursuant to Maryland Rule 2-321(c), extended thetime for filing answers to the writs of garnishment to 15 daysfrom the date of its order. Both Fru-Con Construction and AWAMechanical must file an answer in accordance with Maryland Rule2-645(e), including the amount and nature of any debt and thedescription of any property held.

The Pension Fund must file a calculation of the total pre-judgmentinterest due pursuant to the District Court's Dec. 29, 2010 order.The number should include both a justification for the interestrate applied and an explanation for the method by which theinterest rate is applied. The District Court said NLG may respondas necessary, taking care to avoid frivolous arguments.

The case is Asbestos Workers Local 24 Pension Fund v. NLGInsulation, Inc., Civil No. CCB-10-918 (Md.). A copy of JudgeBlake's Decision is available at http://is.gd/hD3Porfrom Leagle.com.

ASBESTOS UPDATE: Watchdog Surprised by Hike in Madison Tort Cases-----------------------------------------------------------------Ann Maher of The Madison/St. Clair Record reports that the numberof asbestos cases filed in Madison County in 2011 matched aprevious record high reached in 2003 at 953.

Madison County, as it was in the early part of the last decade,has become the busiest state court asbestos docket in the country,with most filings brought on behalf of plaintiffs from outsideIllinois.

Ed Murnane, president of the Illinois Civil Justice League,reacted to the figures saying it was "shocking and disturbing. . . particularly in view of the recent campaign contributionscandal involving asbestos lawyers and a Madison County judge."

Circuit Judge Barbara Crowder, who had presided over the asbestosdocket for more than a year, was removed from her post last monthafter it was learned she had accepted campaign contributionstotaling $30,000 from the county's three largest asbestos firms afew days after she entered a favorable ruling for them.

Crowder has said she has done nothing to violate the code ofjudicial conduct. She also has said the contributions would bereturned.

The controversy involves a preliminary order setting asbestostrial slots for 2013.

The Simmons firm was provided with 185 slots in nine weeks with 19exclusive slots each week, plus 14 slots on a tenth day. For2012, Simmons was assigned nine weeks.

Crowder provided 128 slots to Gori & Julian in seven trial weeksand she provided 84 slots in five weeks to the Goldenberg firm.For 2012, Gori & Julian was assigned six weeks and the Goldenbergfirm was assigned five.

In the preliminary order of Dec. 1, Crowder granted all threefirms the number of weeks they requested. The contributions,which came from those firms, were made on Dec. 5 and 6.

Murnane said that the people of Madison County are the "losers"because they live in a county with "a terrible judicialreputation, and they have to pay for that judicial system withtheir tax dollars."

"Hopefully, Madison County voters will pay careful attention towhat is happening in their court rooms when they go to the pollsin November," he said.

Crowder, as well as Chief Judge Ann Callis, and Circuit JudgesDave Hylla and John Knight are up for retention in the Novembergeneral election.

To be retained, judges must receive 60% of the vote.

With the exception of last year when there was a slight dip in thenumber of new cases, asbestos filings have been on the increase inMadison County since 2006, as this tally of years-to-asbestoscases shows:

Records from the Circuit Clerk's office also show that 11 classactions and 19 medical malpractice cases were filed in MadisonCounty last year.

ASBESTOS UPDATE: EPA Sues Lovett Contracting Over Demolition Work-----------------------------------------------------------------Tim Povtak of The Mesothelioma Center reports that theEnvironmental Protection Agency continues its crackdown onasbestos-related violations, filing suit in federal district courtagainst Lovett Contracting, Inc., which it says performed illegaldemolition work in Gibbstown, New Jersey, in 2007.

The EPA is asking the court to assess a fine of $32,000 fine perviolation, per day, against the company, according to theGloucester County Times.

The suit alleges six violations of the federal Clean Air Act andthe National Emission Standard for Hazardous Air Pollutants. Theviolations spanned more than two months at the site of a formerDuPont plant that once produced gunpowder, among other materials.

Regulators contend that Lovett did not take the necessaryprecautions in removing 5,000 feet of piping and 3,000 feet ofpipe insulation that was built with asbestos, which allowed thefibers to become airborne.

The inhalation of asbestos fibers is the primary cause ofmesothelioma, the cancer with a latency period up to 50 years.

The hefty fines come on the heels of several other actions takenby federal courts in recent months after the EPA found violations.

In September, Keith Gordon Smith, an asbestos abatement contractorfrom Rochester, N.Y., was sentenced to six years in prison forknowingly violating the Clean Air Act, and then making falsestatements to an EPA inspector.

In August, the Honey Creek Contracting Company in New Middletown,Ohio was fined $30,000 and its owner fined an additional $10,000and place on 36 months of probation for the improper removal andhandling of asbestos during renovation of a former steel plant.

Even cash-strapped schools are not immune to the EPA's clout. InOctober, a private school in Keene, New Hampshire, was fined$12,500 for violating asbestos management laws. Officials fromthe Monadnock Waldorf School were found guilty of not properlynotifying the school community about the asbestos conditions. Thefine was later reduced to $4,000 after coming into compliance withthe laws.

In March, a flooring contractor in Vermont paid a $27,500 fineafter the EPA said it violated the Clean Air Act during aflooring removal and replacement job in 2008. The Morrison-Clarkcompany was doing work at the Main Street Middle School inMontpelier, Massachusetts, that included vinyl asbestos tile thatwas improperly handled.

The latest asbestos suit was not taken lightly by the EPA, eventhough the violations occurred five years ago.

"The Clean Air Act requires work practice safeguards in asbestosremoval and renovation projects to prevent the release of asbestosfibers," EPA spokesman Elias Rodriguez said, according to theGloucester County Times.

ASBESTOS UPDATE: Toxic Fibers in West PA School Deemed Friable--------------------------------------------------------------The Mesothelioma News Center reports that the Armstrong SchoolDistrict in Western Pennsylvania is considering the demolition ofan old high school in Rural Valley but is concerned by the factthat the structure, now functioning as a storage warehouse, islittered with asbestos.

According to an article in the Kittaning Paper, the formerShannock Valley High School has become a danger to anyone whosteps inside. Bill Henley, director of facilities and propertiesfor Armstrong School District, says the structure, built during anera when using asbestos in schools was commonplace, has seen"better days."

"What I'm being told by the experts is that that building isloaded with asbestos. Asbestos is crumbling in it now -- thefloor tiles are lifting and as you walk on it, it crumbles,"Henley explained. When you crumble asbestos, it gets in the airand becomes dangerous."

The building also has a leaky roof and, in some areas, holes allowworkers to see daylight from inside. This, and the presence of alarge amount of toxic material, has caused the district to movethe majority of the items stored inside to another location.However, anyone who worked inside the old school when itfunctioned as the main warehouse for the district may have beenexposed to crumbling or "friable" asbestos, which producesairborne fibers and is easy to inhale. Once inhaled, it canbecome lodged in the lungs and cause diseases like asbestosis. Itmay even cause cancerous tumors to form.

District officials fear that demolition costs will be high,especially given the presence of asbestos, which will need to beremoved before the building is torn down. Furthermore, asbestosmust be removed by contractors who are trained and licensed inasbestos abatement, which limits those who can bid on the projectand drives up the price.

District solicitor Lee Price has told the school board that theprice will indeed be governed by the fact that so much asbestos isinside.

"Whatever way's cheaper is going to be the factor," Price said."With some demolition companies, if you tell them you aredemolishing a building, they will give you a bid, but if they findout there's asbestos, they are going to say they aren't evenqualified to deal with it."

ASBESTOS UPDATE: Korean Schools Exposed to Friable Toxic Fibers---------------------------------------------------------------Nam Jong-young of The Hankyoreh in Korea reports that a recentgovernment investigation has found eight schools across the nationwith dangerously high levels of airborne asbestos.

The harmful substance is believed to have originated in theschools' gymnasiums and spread to teachers' rooms and classrooms,putting students and faculty at risk.

The Ministry of Education, Science and Technology examined thegymnasiums at the eight schools based on conditions of physicalactivity there after asbestos was discovered last year at schoolgymnasiums and pro baseball stadiums.

According to a report on Jan. 10 drafted by Catholic University ofKorea professor Kim Hyun-wook at the request of the ministry,asbestos levels at Gwacheon High School in Gyeonggi were over fivetimes the indoor air quality standard of 0.01 particles per cubiccentimeter, with exposure of 0.05 particles per cubic centimeterduring a soccer game.

At five of the schools studied, normal levels of asbestos wereexceeded throughout school grounds, with exposure of 0.0286 and0.0275 particles per cubic centimeter, respectively, at MiljuElementary School and Hadong Elementary School in SouthGyeongsang.

At Hadong Elementary School, asbestos was found in three of fourlocations where dust samples were taken, including classroomwindows facing the gymnasium and television sets near the windows.Asbestos was also found in classrooms near the gymnasium at theother four schools, which included Eumbong Middle School in SouthChungcheong and Morundae Elementary School in Busan.

But the report said a cancer risk assessment of six schools showedno effects on student health, with levels below the standards inthe asbestos mining and soil environment management guidelines ofthe US Environmental Protection Agency and the South KoreanMinistry of Environment. A cancer risk study investigatesactivities across subjects' lives to determine whether the certainactivities lead to cancer.

Asian Citizens' Center for Environment and Health director ChoiYe-yong said the conditions for the risk assessment wereinappropriate, noting that the effects of the asbestos detectedindoors were not considered.

"It is nonsense to compare asbestos-mining regions and schools,"Choi added.

Around 300 Hadong Elementary School students started a boycott ofclasses Monday, Jan. 9, calling for preventive measures againstasbestos- related ailments.

Jo Chang-su, the head of a committee of parents of students at theschool, said the government "has been busy hushing things up,"noting its failure to release the results for the study.

"The Ministry of Education, Science and Technology needs toapologize and come up with preventive measures, such as cancerinsurance," Jo added.

ASBESTOS UPDATE: Willows Residents Fear Old Theater May Be Toxic----------------------------------------------------------------Susan Meeker at the Tri-County Newspapers reports that a group ofconcerned citizens has signed a letter to the state EnvironmentProtection Agency asking for help in determining if the oldWillows Tower Theater on Sycamore Street, Calif., poses a healthrisk to people.

About two dozen people living or working near the old concretestructure fear the roof collapsing may have released dangerousasbestos into the air.

Asbestos is a silicate mineral used commercially in buildingmaterials throughout most of the 20th century.

According to the U.S. Environmental Protection Agency, most olderbuildings contain asbestos and lead-based paint, which are bothhazardous to human health even with a single exposure.

Rick Thomas, whose Glenn County Title Company is on the adjacentstreet corner, said not knowing if the public has been exposed orcontinues to be exposed from a harmful substance is unsettling tomost people in the downtown.

"There are a lot of people who are very concerned," Thomas said.

The theater, which was built in 1946, has sat empty anddeteriorating for decades.

"There is nothing left now but the four concrete walls," saidWillows City Manager Steve Holsinger.

Holsinger said there have been several parties interested inpurchasing the seven-lot property from the Bay Area owner, butthat her asking price is far above reasonable market value.

Holsinger said there is interest in the land for a parking lotwhen the Orland and Willows courthouses are consolidated, andthere is interest in the land for a senior housing facility, asits proximity to the U.S. Post Office and downtown businesses isideal.

The only thing the City Council can do, however, is wait for thestate to decide if the city can use Community Development BlockGrant funds on an engineering study to determine if the buildinghas a viable use -- something the owner believes justifies herasking price, Holsinger said.

Holsinger expects the city to have some answers in two to threemonths.

"Obviously, our hope is that a study will determine thatrebuilding is not possible and that the structure has no validuse," Holsinger said. "That would be first step in a possibleresolution in getting the building torn down."

Although Holsinger said he is not aware if anyone had ever testedthe structure for asbestos, the city has done all within itsjurisdiction to keep the derelict structure from becoming a publichazard.

Willows Fire Chief Wayne Peabody said on Jan. 9 that the city hasrepeatedly given the owner opportunity to abate fire hazards andkeep the facility boarded up -- or pay for the city to do to thework.

In the past, Peabody said, the owner has chosen to let the city'scontractor do the work, with the cost billed on her followingyear's property tax notice.

"She will be getting another letter this week," said Peabody, whoadded that the particle board over the windows and doors are againin need of replacement.

As in the past, Peabody will have the city's contractor do thework if the owner does not act by a certain date.

Meanwhile, the concerned citizens are reaching out to whateverlocal, state or federal agency might help them determine if ahuman health hazard exists.

Although their letter is addressed to the state EnvironmentalProtection Agency, Sam Delson, a spokesman for the Office ofEnvironmental Health Hazard Assessment said on Jan. 10 hisparticular agency has no jurisdiction over asbestos in buildings.

"We typically deal with natural occurring asbestos," Delson said.

Delson said the group's best bets are with the Glenn County HealthDepartment or the state Department Of Toxic Substances Control.

Both agencies have been sent copies of the letter, as were thestate Department of Public Health, the California Air QualityControl Board and the Federal Environment Protection Agency.

Thomas said, at this point, the citizens of Willows are willing toreach out to anyone willing to help them determine if anyone'shealth has been or is being compromised by the structure.

"If there is a health hazard, then we expect it to be abated," hesaid. "If there is not a hazard, then we will certainly respectthe owner's private property rights. There is the visual issue,but it can wait until the market picks up."

ASBESTOS UPDATE: Law Firms Update Services for U.S. Veterans------------------------------------------------------------Clapper Patti Schweizer & Mason have a newly updated section oftheir Web site specifically for U.S. Navy and military veteransexposed to asbestos who now live with the threat of developingmesothelioma, an incurable cancer often not diagnosed until it hasreached advanced stages. CPSM now offers comprehensiveinformation, particularly for those most at risk because ofworking onboard ships, Navy vessels, and in ship yards and otherareas of the military where likelihood of exposure to asbestos washigh.

Jack Clapper, founder of CPSM and a US Veteran himself, speaks tohis dedication to fight for justice for veterans who were injuredby asbestos: "I was a fighter pilot in the United States AirForce, and I am accustomed to being able to fight for people whenthey need help. I am especially dedicated to helping NavyVeterans as they run the highest risk of mesothelioma given thatthey worked in enclosed, tight spaces where exposure to asbestoswas unavoidable."

Due to this dedication, CPSM recently updated their website tooffer the latest, most useful information for veterans from theNavy, Air Force, Marine Corps, Army and Coast Guard who are copingwith a diagnosis of mesothelioma. The attorneys also offer freecase evaluations, informative booklets, and advice particular toveterans who are suffering from asbestos related diseases.

CPSM mesothelioma lawyers specialize in asbestos lawsuits and inrepresenting former US Navy and military personnel. In additionto the newly updated website, veterans diagnosed with mesotheliomaare offered immediate free case evaluation with an experiencedattorney and sent books and brochures that outline everything anewly diagnosed person and their family needs to know. Inaddition, after finding out the particulars to your case, theattorneys at CPSM can, right there on the spot, tell you the namesof recommended mesothelioma treatment centers and oncologistsclosest to where you live.

The attorneys at CPSM have stood by thousands of military and Navyveterans diagnosed with mesothelioma and supported their families,witnessing firsthand the heartbreak and challenges that this fataldisease causes. They offer this newly updated information ontheir website as a resource to anyone who has ever worked on oraround ships and shipyards.

ASBESTOS UPDATE: Former Trackmen Sue Union Pacific for Negligence-----------------------------------------------------------------Michelle Keahey of The Southeast Texas Record reports that severaltrackmen for Union Pacific have filed a lawsuit against thecompany claiming they have developed lung diseases after exposureto asbestos-containing products in the workplace.

Taylor was employed by Union Pacific from 1968 until 2002, Donaldwas employed from 1976 to 2002, Gregory was employed from 1978until 1984, Haynes was employed by Union Pacific from 1980 until1990 and Hance was employed by the defendant from 1969 until 1998.All worked as trackmen.

The men state that because of their employment with Union Pacificthey were exposed to asbestos and asbestos-containing materialsand have been diagnosed with asbestos-related lung disease.

Union Pacific is accused of negligence under the FederalEmployers' Liability Act for using asbestos-containing materialsfor decades after becoming aware of hazardous nature of thematerials, for failing to inspect equipment for the presence ofasbestos-containing material, and for failing to remove asbestos-containing material from its equipment.

The defendant is also accused of negligence for failing to warn ofthe presence of asbestos-containing material, failing to warn ofthe synergistic effect between smoking and asbestos exposure,failing to properly train employees, failing to provide properrespirators, failing to conduct air monitoring, failing to providecomprehensive asbestos medical examinations, failing to medicallymonitor the plaintiffs and for violating its own policiesregarding the materials.

The plaintiffs are asking for an award of damages for medicalexpenses, mental anguish, physical pain and suffering, fear ofcancer, physical impairment, court costs and interest.

The workers are represented by J. Kirkland Sammons of Sammons &Berry in Houston.

A jury trial is requested.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:11-cv-00743

ASBESTOS UPDATE: Corgi Hosiery Denies Exposing Workers to Hazards-----------------------------------------------------------------Robin Turner of the Western Mail reports that a contractor calledin to decontaminate asbestos from a Welsh factory which makesknitwear for the Royal Family was shocked at what he found, acourt heard on Jan. 10.

Paul Hart, a specialist in the safe removal of asbestos, said hefound "clumps and clumps" of the material -- which can cause lungcancer and other serious health problems -- lying around thepremises of Corgi Hosiery Ltd at New Road, Ammanford.

At Swansea Crown Court, the long-established family firm isdenying that it failed to take reasonable steps to prevent itsworkers being exposed to asbestos.

The charge, brought by the Health and Safety Executive, relates toasbestos removal carried out at the factory in October 2008 byCross Hands-based Dragon Cladding Ltd on behalf of Corgi Hosiery,whose cashmere socks are worn by Prince Charles.

The prince granted the company a royal warrant which means it canuse the "By Royal Appointment" tag for its knitwear.

Health and Safety Executive inspectors were anonymously alerted tothe work by Dragon Cladding, which was being carried out whileCorgi staff remained working at the building.

The site was immediately evacuated and a team of specialistdecontamination workers led by experienced asbestos removalcontractor Mr. Hart was called in.

In a statement read to the court Jan. 10, Mr. Hart, who has workedin decontamination for 14 years, said: "When I got to the site, Iwas shocked at the mess that had to be cleaned up. There wereclumps and clumps of asbestos inside and it was on palletsoutside.

"In all the years I've worked with asbestos, I've never seenanything so bad.

"Computers had to be thrown away and Corgi told me that GBP210,000worth of yarn had to be thrown away."

Corgi managing director Chris Jones, who runs the factory withsister Lisa Wood has pleaded not guilty to failing reasonably toprevent workers being exposed to asbestos on behalf of the firm.The company's defense is due to begin Jan. 13.

The jury has been told that Stuart Phillips of Dragon Cladding,now in liquidation, later admitted failing to take reasonablesteps to prevent workers being exposed to asbestos and will besentenced at a later date.

The court was due to hear from Corgi employee Joseph Nicklin, buthe fell backwards in the witness box and had to be taken tohospital after hitting his head.

Instead, his statement was read to the jury. He said Mr. Jonesand his sister told him in September 2008 that work was to be doneon an asbestos roof, but that there would be no danger to workers.

Of the work, he said: "There were safety nets up. We were toldnot to walk underneath."

Phillip Chandler, part of the Dragon Cladding team who worked onthe Corgi contract, said: "Stuart Phillips told us it wasasbestos, but not a bad one."

Another former Dragon Cladding roofer, Peter Davies, said heremoved a substance which "looked like plaster" using a hammer andchisel.

And he added: "I was not told that the blue sheets were asbestos,I assumed this."

The court heard the Dragon Cladding team wore paper suits andrubber masks with filters to carry out the work and while Corgistaff were moved from the main part of the factory, workers wereoccasionally walking through the main building.

The jury has heard the work to decontaminate the building tookeight men around two and a half months and cost more thanGBP200,000.

The case continues.

ASBESTOS UPDATE: Korean Gov. Responds to Contamination Threat-------------------------------------------------------------Nam Jong-young of The Hankyoreh reports that the Ministry ofEnvironment plans to offer special lifetime health care forstudents at schools with gymnasiums where serpentine surfacingcontaining asbestos was discovered.

An official with the ministry said on Jan. 11 that plans wereestablished to have X-rays of the students taken during yearlyexaminations, with the images to be examined by an asbestos expertfor signs of related ailments.

The official also said it plans to open a long-term database forthe students' health information.

Last year, the Asian Citizens' Center for Environment and Healthclaimed that serpentine from an abandoned asbestos mine in Andongwas used in the construction of gymnasiums at ten schools,including Hadong Elementary School in South Gyeongsang Province.The presence of asbestos was subsequently confirmed in agovernment survey.

In response, 300 Hadong Elementary School students have beenboycotting classes since Jan. 9. The students and their parentsare calling on the government to take steps including the issuanceof asbestos logs and the purchase of long-term cancer insurance.

A Ministry of Environment official said, "Since the asbestos logsare a system for managing people who have been exposed to highconcentrations, we opted for a method of searching for asbestos-related ailments early through the existing health checkupsystem."

"If any asbestos-related ailments are discovered, [the patient]will receive national assistance in accordance with the AsbestosInjury Relief Act," the official added.

ASBESTOS UPDATE: EPA Can't Handle Nanomaterials, OIG Report Says----------------------------------------------------------------The Mesothelioma Center reports that the Environmental ProtectionAgency doesn't have the data or ability to manage the challengesassociated with nanomaterials, concludes a report from the EPA'sOffice of Inspector General.

The agency responsible for regulating the U.S. environment andhuman health finds itself ill-equipped to handle issues posed bynanomaterials. According to the report, the problem begins withthe lack of data from manufacturers of nanomaterials and continueswith the lack of administrative ability to manage mattersassociated with the emerging industry.

Nanomaterials are man-made, or altered, super-small materials thatare integrated into consumer and commercial products. Scientistscreate these nanomaterials through manipulation of substances at amolecular or atomic level.

Because some carbon nanotubes resemble asbestos fibers, criticsquestion whether they trigger the development of diseases likemesothelioma. The manner in which these materials enter or affectthe human body is not fully understood.

If risks do exist, preventive action cannot be taken unless properregulations are in place.

EPA Inspector General Arthur A. Elkins, Jr., outlined the agency'scommitment to fixing these problems but acknowledges the issue ismulti-dimensional. Regarding the lack of data, most companies areunwilling to share information. As much as 90% of industry datawas labeled as confidential and therefore not accessible to theagency.

On the administrative end, the EPA lacks formal processes tohandle information and lacks a communication strategy to manageall nano-related data. The result of these organizational holes,the report says, is that agency "will not be able to assure thatit is effectively managing nanomaterial risks" until theseinternal processes are improved.

This latest report adds on to a list of concerns about the EPA.

Since 2007, the agency has been the target of critics after it wasreported that the EPA knew about asbestos-containing materialsbeing shipped to various locations and did nothing to stop it.

More recently, the agency was challenged by Inspector GeneralElkins for having faulty policies for asbestos demolitions.Because of the agency's wide-reaching responsibilities, criticswonder just how damaging EPA errors are.

The reason that the EPA has begun to shine a light on itsnanotechnology management problem is because this complicatedscience opens the door for an entirely new level of toxicmaterials. Researchers are unfamiliar with the totality ofmaterials that are being integrated into consumer products.

Without proper understanding and regulation, the general publicmay unknowingly be at risk of developing a variety of cancers,conditions and disorders.

One product type that contains nanomaterials that is exemplifiedthroughout the report is sunscreen. Dermal penetration of sometoxic nanomaterials into the skin can potentially cause tremendoushazard to humans. Also, by washing sunscreen off by showering,you may be unknowingly releasing toxic materials into the watersupply.

Furthermore, because of dioxide contaminants within the product,improper disposal of sunscreen can cause more harm than previouslyimagined. An empty sunscreen bottle, which may contain titaniumdioxide, that is disposed in a landfill may eventually end upseeping into waterways and eventually getting ingested by humans.To provide perspective of the size of these nanomaterials,consider this: nanoparticles and nanomaterials often havediameters smaller than 100 nanometers. One inch comprises of 25.7million nanometers. An earthworm is approximately 10 millionnanometers long. A DNA molecule is 1 nanometer wide.

According to the Inspector General's report, only 29 companiesdisclosed data about their use of 123 different nanomaterials.The agency also set up a program that encouraged companies tofurther provide information about how development uses andresearch into nanomaterials. Only four companies participated.

Currently, laws are on the books that mandate some communicationbetween the nanotechnology industry and the government. However,tougher laws are needed to draw out more data. The ToxicSubstances Control Act (TSCA) and the Federal Insecticide,Fungicide and Rodenticide Act (FIFRA) both provide lawmakers witha platform to tighten requirements about how companies reporttheir information.

As outlined by Elkins, even if all the necessary and relevant datawas available, the agency still would not be able to manage theinformation. A lack of organizational structure and processeswould result in the EPA being inefficient at best when managingnanomaterials. It will require an ongoing effort to improve theEPA's management of these relatively new materials.

In a letter from the Inspector General to another EPAadministrator, it was acknowledged that an action plan has beenestablished by the agency and appears to be moving forward,providing consumers with some level of comfort towards this issue.As time will be the biggest judge of the EPA's progress, consumersshould remain proactive in learning about potential dangers in allproducts.

ASBESTOS UPDATE: Carcinogenic Wastes Found Littered in Anglesey---------------------------------------------------------------Christina Massey of the Burton Mail reports that a potentiallydeadly substance has been discovered littered around a publicsite.

Sheets of asbestos, some of which were broken, were found strewnaround the Anglesey Allotments, in Cambridge Street, and evensticking out of the ground.

When broken, dust from some types of asbestos can get into aperson's lungs and cause serious respiratory problems and evendeath.

East Staffordshire Borough Council currently owns the land, but isin the process of transferring ownership to Anglesey ParishCouncil.

"I think some of it is blue asbestos -- that is the really lethalstuff," Mr. Biddulph said.

"I believe a lot of it had been slung off the railway in thepast."

The 62-year-old supply teacher said he had informed the boroughcouncil three years ago, when he had an allotment on the site, buthe did not believe anything had been done.

"I don't want to see Anglesey stuck with the bill for clearing itup," Mr. Biddulph said.

Parish clerk Ruth Redgate said: "Mr Biddulph emailed me and Iemailed East Staffordshire Borough Council last week, to say thatwe have been informed there was asbestos on the site and beforethe transfer can be completed, we need all of this to be removed.

"I am waiting for an acknowledgement or response." The parishcouncilors agreed to email the borough council again, copying inboth the leader, Richard Grosvenor, and deputy leader, JuliaJessel, warning that if they did not have a satisfactory responsewithin seven days, then they would approach the Health and SafetyExecutive.

A borough council spokesman said: "The council has receivedreports from Anglesey Parish Council that there is asbestos in andaround the allotments and our health and safety team will beinvestigating in due course.

"If the materials are found to be asbestos, we have qualifiedcontractors on standby for removal if necessary."

ASBESTOS UPDATE: Velan CEO Cites Litigation Impact in Q3 Results----------------------------------------------------------------Tom Velan, President and CEO of Velan, Inc., a world-leadingmanufacturer of industrial valves, commented on the Company'sfinancial results for the third quarter ended Nov. 30, 2011.

"We had quarterly net earnings(2) of $4.0 million compared to$11.9 million in the same quarter last year," said Tom Velan,President and CEO of Velan Inc., "but after adjusting for ABVEnergy, the effects of purchase price accounting for theacquisition, and the currency impacts, we would have reported netearnings(2) of $6.4 million in the current quarter compared to$6.8 million last year.

"Faced with significant material cost increases over the lastyear, we have been selectively raising our selling prices. Forsome of our product lines we still face lower margins due to thehigher material cost increases. We need to raise the margin byincreasing volume as well as continuing to make selective priceincreases to cover cost increases.

"As we explained in our last annual report, similar to some otherU.S. valve manufacturers, two of our U.S. subsidiaries have beennamed as defendants in a number of pending lawsuits brought onbehalf of individuals seeking to recover damages for their allegedasbestos exposure. These lawsuits are related to productsmanufactured and sold many years ago. Our costs related to theseasbestos lawsuits for the quarter were $1.4 million compared to$1.2 million last year. We strongly believe that our products,which were supplied with encapsulated packing and gaskets inaccordance with valve industry practice and customer mandatedspecifications, did not contribute to any asbestos-relatedsicknesses. We have independent laboratory test results thatsupport this conclusion. We think that any asbestos-relatedhealth problems were caused by friable, asbestos-containingproducts such as the spray application of asbestos insulation andthe process of removing asbestos from buildings or confinedspaces, which resulted in heavy concentrations of asbestos fibersin the air. Unfortunately, the responsible companies are nolonger in existence so plaintiffs are pursuing pump and valvemanufacturers like Velan. We will continue to vigorously defendagainst these claims, but given the ongoing course of asbestoslitigation in the U.S. and the unpredictability of jury trials, itis not possible to make an estimate of our legal and other costsrelated to these claims.

ASBESTOS UPDATE: Randy Cohn Named New Shareholder of SBGAB LLC--------------------------------------------------------------Simmons Browder Gianaris Angelides & Barnerd LLC, a leadingnational law firm in complex litigation, announced the appointmentof attorney Randy Cohn as a new shareholder. Cohn joined theSimmons Firm in 2004 and has recovered millions on behalf offamilies throughout the country injured by mesothelioma andasbestos-related diseases.

"Randy is an integral part of our firm," said firm Chairman JohnSimmons. "As one of the leaders of our asbestos department, he isboth a skilled litigator and compassionate advocate for victims ofmesothelioma."

Cohn oversees a team of attorneys and investigators at the firmand has developed a unique focus on helping victims of Navy-related asbestos exposure. He recently represented World War IIveteran Frank Curre, a survivor of the attack on Pearl Harbor,until he succumbed to mesothelioma this past December.

"It's a privilege to serve our clients," said Cohn, "and I'mhonored to become a shareholder at one of the nation's premierplaintiff's firms."

Cohn earned his JD from Chicago-Kent College of Law in 2001.Super Lawyers magazine recently recognized him as a 2012 IllinoisRising Star. He is licensed to practice in Missouri, before theSupreme Court of Illinois and before the U.S. District Court forthe Northern District of Illinois.

The Simmons firm, headquartered in Alton, Ill., is one of thecountry's leading asbestos and mesothelioma litigation firms.With offices in Illinois, Missouri and California, the firm hasrepresented thousands of patients and families affected bymesothelioma in nearly every state. The mesothelioma lawyers atthe Simmons Firm have pledged over $20 million to cancer researchand proudly support mesothelioma medical researchers throughoutthe country in order to find a cure.

ASBESTOS UPDATE: NSW Injects Millions in Mesothelioma Program-------------------------------------------------------------The Australian Associated Press reports a multi-million dollarinjection of funding for asbestos victims will make New SouthWales a world leader in the treatment of mesothelioma, a cancerspecialist says.

The NSW Government announced on Jan. 13 that the Asbestos DiseasesResearch Institute would receive $3.5 million to improve outcomesfor people with asbestos-related cancer and their families.

The money comes from the State Government's translational cancerresearch program, which will also award $3.47 million toresearchers working on the diagnosis and treatment of bloodcancers.

Chief Cancer Officer and CEO of the Cancer Institute of NSWProfessor David Currow says the translational cancer grants willbenefit cancer patients across the state.

Australia had the world's highest incidence of malignantmesothelioma, a fatal cancer caused by asbestos, Professor Currowsaid in a statement.

"The translational research ... will see NSW as a world leader inthe prevention, diagnosis and treatment of mesothelioma.

"These grants are also good news for people across NSW affected byacute myeloid leukaemia, recipients of bone marrow transplants andpeople diagnosed with Hodgkin's and non-Hodgkin's Lymphoma."

The wider research grants program awarded by the Cancer Instituteof NSW also includes $4.3 million in fellowships, attracting newcancer researchers to NSW and supporting current researchers todevelop and present their work on the international stage.

ASBESTOS UPDATE: Ex-Nicolet Site Abatement to End by March 31-------------------------------------------------------------Carl Rotenberg of The Times Herald reports that remediation anddemolition work at a former 12.88-acre industrial site offWashington Street, downstream from the Norristown Sewage Treatmentplant, is expected to be completed by this summer.

An official certification of the asbestos remediation work at thesite at 500 and 600 E. Washington St. by the state Department ofEnvironmental Protection (DEP) is expected by March 31, 2013, saidJerry Nugent, the executive director of the Montgomery CountyRedevelopment Authority (MCRA).

The MCRA purchased the site last year for $3.7 million with theexpectation that eventually the site could be used to relocate theNorristown Sewage Treatment plant downstream from its presentlocation. The old treatment plant has experienced sewageoverflows in the past, and boosters of development in MontgomeryCounty would like to use the land for new construction.

Environmental Consulting Inc. (ECI) of Norristown has beenremoving all the asbestos found at the former Nicolet site anddemolishing old industrial buildings under an original, $1,142,100contract.

The Nicolet property, used since the early 1900s to make pipe andboiler insulation and commercial grade asbestos paper, waspurchased by O'Neill Properties for $55,500 in December 2001 as apotential Brownfield development site. The company has builtmulti-story apartment complexes on the Schuylkill River on similarBrownfield sites.

"The first thing was the abatement of asbestos in the 600 E.Washington St. building. There were remnants of asbestosmanufacturing in (underground) tanks and in the ground," Nugentsaid. "The asbestos in the 500 (Washington Street) building wasin the pipe wrap or tile flooring or the building facade."

ECI, which was located in one of the Norristown industrialbuildings that were demolished, was the low bidder among ninefirms.

Under the 600 building a complex of trenches, tunnels, concretecanals and various tanks from the Nicolet asbestos processingoperation were found underground by ECI engineers. Some werestill filled with asbestos slurry and asbestos contamination,Nugent said.

The resulting, $350,359 change order for the additionalremediation work added 30.7% to the cost of the remediationproject.

An engineering oversight firm, Arcadis-Malcolm-Pirnie Inc. ofUpper Merion, is inspecting the remediation work. A second phaseof the project, under an alternate bid, will drill holesthroughout the remediated site to determine if any otherunderground structures or ground contamination is present.

Additional remediation work may be required by the DEP. "It hasturned out to be a huge job," Nugent said. Funding for thepurchase and remediation work has come from state and federalsources. PennVest made a $1.7 million loan, the stateCommonwealth Financing Authority made a $3,761,000 grant toMontgomery County for the work and the state Department ofCommunity and Economic Development contributed $92,000, he said.

"Other than the smokestack the demolition is completed," saidBarry Thompson, the general manager of the Norristown sewagetreatment plant. "The site is essentially demolished." Nugentpointed out that "a sizeable earmark" would be required to build anew sewage treatment plant. There is no funding currentlyavailable.

ASBESTOS UPDATE: US Navy Aware of Hazard, Paper Says----------------------------------------------------Steve Korris of Legal Newsline relates that businesses thatasbestos lawsuits have destroyed, deformed and depleted fordecades supplied much of the fiber in obedience to Navy rules forwinning a war, a new research article shows.

Kara Franke and Dennis Paustenbach wrote in a paper for CheMr.isk,a scientific consulting firm, that the government controlledasbestos as a critical raw material in World War II.

They wrote that "because of the economic importance of asbestos,and its perceived vital role in the war effort, the regulatedcommunity and the military held a broad belief that overlyrestrictive work standards should not be applied to thismaterial."

They wrote that the exposure limit was "health protective but notunduly burdensome" on the Navy and contractors.

They wrote that the Navy required contractors to use it into the1970s.

They declared it debatable whether the Navy or private businessesknew more about the hazards of asbestos and concluded that theNavy and businesses believed until 1970 that asbestos posed littlerisk if encapsulated in brakes and gaskets.

Franke and Pastenbach wrote that the first documented case of lungdisease associated with asbestos exposure was reported in 1907 andthat more reports were published by the late 1920s, but theyprovided little information about work activities or particleconcentrations.

"Often, these reports were complicated by the presence oftuberculosis, making it unclear whether the lung dysfunction wasprimarily caused by asbestos or by TB, or whether one disease hadto precede the other," they wrote.

They wrote that in 1935, a textbook stated that "sufficientexposure to dust of asbestos in any stage of its processing maycause asbestosis."

"By 1939, the Navy was recommending that exposure controls be usedduring asbestos handling," the report says.

They wrote that in 1941, a Navy doctor acknowledged a diseasehazard among workers engaged in the manufacture of insulatingcovers for turbines, valves and flanges. The doctor suggestedmoistening the material, ventilating locally and sometimes wearinga respirator.

They wrote that in the same year, another Navy doctor wrote that"we are not protecting the men as we should."

"Although the Navy recognized asbestos as a genuine occupationalhazard," the report says, "it remained very much in use, since thecurrent belief was that it could be handled safely with propertraining and instruction.

"Overall, the Navy was concerned about its need to use asbestos,and seemed to work diligently to educate and protect as manyworkers as feasible given the pressures it faced."

In 1945, a Navy doctor found a fairly serious dust risk at ashipyard and in 1946, the Navy X-rayed 1,074 pipe workers inshipyards and found three with asbestosis.

They wrote that authors of a report on the X-rays concluded thatcovering pipe was not a dangerous trade.

In 1952, regulators reduced the exposure limit and in 1955, adoctor found the average risk among certain asbestos workersemployed more than 20 years was 10 times the risk in the generalpopulation.

In 1955, the Navy required annual X-rays for civilian asbestosworkers. In 1958, a Navy safety handbook warned that "asbestosdust is injurious if inhaled," and recommended respirators.

In 1960, a doctor associated asbestos to mesothelioma. In 1964, astudy of 632 workers found 45 died of lung or pleural cancer, arate about seven times the general population.

In 1964, a shipyard study expressed concern for bystanderexposure. That same year, the Department of Health, Education andWelfare recognized asbestosis as an occupational disease.

In 1968, the Washington Post reported that 350,000 shipyardworkers face a serious occupational hazard from asbestos. TheNavy responded that it was well aware of the hazard.

The report quoted a Navy statement that said, "Hazard controlmeasures implemented by the shipyard medical departments andsafety divisions are in accordance with accepted standards ofindustrial hygiene practice in the U.S."

They wrote that a 1968 study of 7,000 Puget Sound shipyard workersfound 21% with lung abnormalities.

They wrote that in 1970, the field of occupational health entereda new phase with the creation of the Occupational Safety andHealth Administration.

They wrote that in 1971, the new agency promulgated rules forasbestos and more than 400 other substances and chemicals.

"The Navy and other government organizations continued to requireusing asbestos in hundreds of materials far into the 1970s, andlater because of concern that other materials may not perform aswell, and because of their belief that nearly any material couldbe handled safely if proper precautions were taken," they wrote.

As for gaskets, brakes and other products with encapsulatedasbestos, they found neither the government nor manufacturersbelieved they posed a hazard to workers.

They wrote that after 1970, studies of encapsulated asbestos "gavethe military and others a fair degree of confidence that ifhandled in a reasonably prudent manner, asbestos containingmaterials would not pose a significant increased health hazard."

They wrote by about 1990, the government and most manufacturersspecified that no asbestos be present in virtually all the goodsthey sold or used.

ASBESTOS UPDATE: DOE Charges 14 Violations Against Evergreen------------------------------------------------------------Dee Riggs of The Wenatchee World Online reports that the state hasfined a Cashmere company $25,450, saying it did not properlyremove asbestos from Solomon's Porch youth center in downtownWenatchee, Wash.

The company appealed all the violations, said owner RonHesselschart. "There was no danger whatsoever for anyone who wasin there," he said.

Castro said his agency is concerned for the safety of workers, whomay have been exposed to the cancer-causing asbestos. He said hedid not know if there would be any danger to non workers who usedthe center right after the asbestos was removed, or to anyoneusing the center today.

He referred questions to the Chelan-Douglas Health District, whichreferred questions to the state Department of Ecology. SueBillings, an air quality manager at the DOE, said budget cuts haveleft that agency with no one to perform asbestos inspections orrespond to asbestos complaints.

The May asbestos removal was done to prepare for a youth shelterin the lower level of the building at 17 S. Mission St. The workincluded creating a new stairwell to that lower level, saidDesiree Knemeyer, program director at the youth center. She saidon Jan. 9 that she was not aware of the state L & I allegations.

"As far as I was concerned, there was not a safety issue becausewe were closed that whole week, and it would have overlapped witha weekend, too," Ms. Knemeyer said.

Among the alleged violations are that Evergreen AsbestosSolutions:

(1)Did not ensure "that an exposure assessment was performedimmediately before or at the initiation of the operations in orderto accurately determine the airborne concentration of asbestos."

(2)Did not ensure "that the work was supervised by a designated,competent person."

(3)Did not perform "representative clearance monitoring at thecompletion of the asbestos work in order to accurately determinethe airborne concentration of asbestos."

(4)Did not ensure that "all surfaces were maintained as free of... dusts and waste containing asbestos. .... One employee was onhis hands and knees in no protective equipment or clothing."

Close enough, he claims that he was among those whom David Woodhired to salvage flooring, metals and other material of value in2005.

"He says, I'll give you a job four days a week," Wint recalls toEyewitness News. "But I got only two days, that's it."

Regulators halted the demolition when they realized that thesalvage crew had uncovered asbestos, according to an 11-countindictment from a federal grand jury.

Wood, Donald Fillers, James Mathis, and their respectivecompanies, Mathis Companies, Inc., and Watkins Street Project,LLC, are on trial in U.S. District Court in Chattanooga, Tenn.,charged with violated provisions of the Clear Air Act.

Their indictment alleges that the trio staffed their salvage crewsday laborers and the homeless and failed to train or clothe themwith the equipment necessary to remediate an asbestos-laden sitesafely.

"I didn't wear (sic) none," Wint says.

Asbestos particles have been linked to cancers and to fatal,incurable lung diseases. The federal Environmental ProtectionAgency has determined there is no safe level of exposure toasbestos.

"Asbestos is normally not a concern unless it's disturbed," JohnSchultz, an inspector with Hamilton County's Pollution ControlBoard told Eyewitness News in September 2005. "That releases thefibers and the fibers will go as far as the wind will carry them."

Such risks are why federal regulations require remediation crewsto soak asbestos-laden material with water before removing it andtaking the material off-site.

The federal indictment alleges that Coosa-Thatcher's salvage crewsnot only failed to soak the material, but tossed contaminatedpieces out of windows and stacked it in open-air piles.

The indictment further alleges that the defendants grosslyunderstated the levels of contamination uncovered or discovered,and that they "concealed and covered up their illegal activitiesby making false statements to inspectors regulators and lawenforcement personnel and preparing false and fraudulentdocuments."

"Because (Pollution Control Board monitoring manager Kathy Jones)didn't do her job in 2004, everything else falls and she has tojustify her not doing her job," the newspaper quoted Levitt assaying.

Levitt has not returned calls from Channel 3 seeking comment.

The Pollution Control Board has declined comment, as Jones andSchultz have been called as prosecution witnesses.

Victim Witness Advocate Amy Russell has referred all questions tothe U.S. Attorney's office in Knoxville. Prosecutors had postedlegal notices at the Standard Coosa Thatcher site, advisingneighbors and former salvage workers that the 2005 project mayhave exposed them to asbestos particles.

Wint could qualify on two counts; as a neighbor, and former siteremediation worker. But he maintains he has no desire to sue;either individually, or as part of a class-action.

ASBESTOS UPDATE: Actor McQueen to be Honored at ADAO Convention---------------------------------------------------------------The Mesothelioma Center's Tim Povtak relates that actor SteveMcQueen, one of several well-known Americans who have died frommesothelioma, will be honored posthumously by the Asbestos DiseaseAwareness Organization at its eighth annual convention in March.

McQueen's widow, Barbara McQueen, will accept the Warren ZevonTribute Award in her husband's honor March 31 in Manhattan Beach,Calif. McQueen died in 1980 at the age of 50.

McQueen, known as the King of Cool for the way he lived both onand off the movie set, was a classic American success story,overcoming a poor, broken- home upbringing to become a Hollywoodsuperstar.

Before he died, McQueen traced his mesothelioma diagnosis toasbestos exposure first in the Marine Corp, then to the flame-retardant driving suits he wore so often while racing cars andmotorcycles, his lifelong passion.

Although the use of asbestos has been dramatically reduced inrecent decades, an estimated 3,000 Americans still are diagnosedeach year with mesothelioma, which has a latency period of up to50 years.

McQueen is just one of many notable Americans who have died fromthe disease. Although it is most often associated with blue-collar professions and military service, mesothelioma has touchedall walks of life, including the rich and the famous.

Pro Football Hall of Famer and broadcaster Merlin Olsen died frommesothelioma in 2010 when he was 70. Olympic gold medalist TerryMcCann (wrestling, 1960) died in 2006. White House Chief of StaffHamilton Jordan died in 2008.

Warren Zevon, a singer-songwriter with a cult-like following, diedin 2003. Son Jordan Zevon became a spokesperson for the AsbestosDisease Awareness Organization (ADAO), which now honors someoneannually with the Warren Zevon Keep Me in Your Heart MemorialTribute.

"I am extremely honored to pay tribute to Steve McQueen," Jordansaid in the press release announcing the award. "Mesothelioma isa tragic disease more common than most people know, and it isimportant to recognize Steve's spirit, and later plight, in orderto both cherish his memory and increase asbestos awareness."

The ADAO, founded in 2004, is the leading victims' advocates groupin the United States. Its eighth annual convention has beendesignated as Asbestos: An International Public Health Crisis, setfor March 30-April 1 in Manhattan Beach, Calif.

The convention will bring together medical professionals,researchers, asbestos victims, families and advocates for aweekend of education and collaboration, all working toward raisingawareness and eventually a worldwide ban on asbestos.

Also being honored is U.S. Representative Steve Cohen (D-Tennessee) for his work toward legislation to ban asbestos; Drs.Arthur Frank and Richard Lemen for their work in raisingawareness; and Joel Shufro from the New York City OccupationalSafety and Health Department for his efforts to protect workersfrom asbestos exposure.

"Steve McQueen is an American legend, and we are extremely honoredto recognize him in Warren Zevon's name," said Linda Reinstein,ADAO co-founder and CEO. "Not only did Steve McQueen, like WarrenZevon, lose his battle against mesothelioma, but they both shareda passion for fearlessly taking a stance."

The ADAO is working with the Canadian Voices of Asbestos Victims(CVAV) on the North American Declaration to Eliminate AsbestosDiseases, which is urging both President Barack Obama and PrimeMinister Stephen Harper to collaborate on a ban.

Although both countries restrict the use of asbestos, neither hasjoined the group of 50 countries worldwide that have banned itcompletely.

ASBESTOS UPDATE: Pathology Report Shows Worker Had Mesothelioma---------------------------------------------------------------Chris Gee at Burnley and Pendle Citizen reports that a man diedfrom an asbestos-related cancer after being exposed to dangerousmaterials throughout a career in slipper and shoe making, aninquest has heard.

James Whittaker, of Burnley Road, Rawtenstall, died the day afterhis 86th birthday on June 23 last year after a short illness.

During a hearing at Burnley Magistrates' Court, coroner RichardTaylor, read a statement prepared by Mr. Whittaker before hisdeath.

In it he explained that as a teenager he had served during the warin the Royal Navy, where he was exposed to asbestos which laggedmany of his ship's pipes.

Mr. Whittaker also claimed that the substance was present insleeping quarters.

Prior to his naval service and for the remainder of his workingcareer, Mr. Whittaker worked at Newchurch Boot Company.

In his statement he described his job as operating a heavymachinery known as a Revolution Press, which used blades to cutout insoles, primarily for slippers.

The material used would often be a hazardous asbestos-likesubstance called salbestos.

The press was operated thousands of times, creating dust andresidue every time it was used.

Mr. Whittaker's statement said that during the course of his job,"I never wore a mask or was asked to wear a mask".

A pathologist's report said the cause of Mr. Whittaker's death wasundoubtedly mesothelioma, a lung cancer. This was caused byexposure to asbestos.

Shoe, boot and slipper manufacture began in Rossendale in the 19thcentury as a result of the burgeoning felt industry.

As late as 1982 there were about 4,000 people engaged in slippers,shoe and ancillary work in the borough, producing about 16 millionpairs a year.

Mr. Taylor recorded a verdict of death by industrial disease.

ASBESTOS UPDATE: Calif. SC Won't Expand Products Liability Law--------------------------------------------------------------John O'Brien at Legal Newsline reports that the California SupremeCourt says it will not expand products liability law to include anasbestos lawsuit against two companies that did not use asbestosin their products.

The court ruled on Jan. 12 in a lawsuit brought against Crane Co.and Warren Pumps, two companies that supplied valves and pumpsused in Navy warships. Asbestos insulation made by othercompanies was placed on the products, though the lawsuit claimedCrane and Warren were partly responsible for the asbestos-relateddeath of Patrick O'Neil.

"California law has long provided that manufacturers, distributorsand retailers have a duty to ensure the safety of their productsand will be held strictly liable for injuries caused by a defectin their products. Yet, we have never held that theseresponsibilities extend to preventing injuries caused by otherproducts that might foreseeably be used in conjunction with adefendant's product."

Corrigan added that manufacturers have no responsibility to warnabout hazards in replacement parts made by others when thedangerous feature of the parts was not integral to the product'sdesign.

Patrick O'Neil was responsible for repairs and maintenance ofequipment in the boiler rooms, engine rooms and machine room on aNavy aircraft carrier and died from lung cancer in 2005. Thevalves and pumps made by the defendants were covered with anasbestos insulation and contained asbestos packing on the inside.When the packing and insulation were replaced, it created asbestosdust.

The O'Neil case has been before the court for nearly two years.Briefing in a related case was deferred pending the decision.After a trial court ruled for the defendants, the state's SecondDistrict Court of Appeals sided with the plaintiffs, saying Craneand Warren should have known their products would be insulatedwith asbestos to protect them from heat. The Navy is immune fromliability.

"(E)xpansion of the duty of care as urged here would impose anobligation to compensate on those whose products caused theplaintiffs no harm," Corrigan wrote. "To do so would exceed theboundaries established over decades of product liability law."

The Barrow Borough and Cumbria County Councilor, who representsRoosecote, has warned the perpetrators they could be potentiallyrisking the health of others through their actions.

Barrow Borough Council's Environmental Health Department isinvestigating the problem at the former paper mill, which is nowowned by Amstone Developments, of Cheshire.

Councilor Guselli said: "The continued and indiscriminate tippingof asbestos at Salthouse Mills demonstrates an appalling arroganceand lack of consideration by the perpetrators. While thelandowner is doing what they can to remove it, it is highlyinappropriate for whoever is depositing it, to leave thispotentially dangerous waste, in an area where children are knownto frequent and play.

"This is an ongoing problem but in my opinion, this is more thanjust fly-tipping, bad enough in itself, but a selfish act wherebywhoever is leaving it here, does so, simply to avoid the necessarycosts incurred in its proper removal."

Councilor Guselli is appealing to the fly-tippers to stop andrealize the dangers. Environmental health experts have said theasbestos in this case is of a low scale risk, but it should neverbe dumped.

Anne Pearson, acting Environmental Health manager at the boroughcouncil, said: "We have received a number of complaints about fly-tipping at the Salthouse Mills site, some of which involvedasbestos cement roofing materials. Unfortunately the identity ofthe fly-tippers could not be traced.

"On private land it is the landowner's responsibility to removefly-tipped waste. Council officers and also the EnvironmentAgency have worked with the landowner and offered advice onmeasures which can be used to reduce the problem."

ASBESTOS UPDATE: EPA Says Superfund Wood Chips Posed No Danger--------------------------------------------------------------Matthew Brown of The Associated Press reports that test resultsfrom huge piles of wood chips that were being sold from a MontanaSuperfund site for use in landscaping show they contain someasbestos, but at levels so low federal officials said they posedno danger to humans.

The results obtained Jan. 13 by The Associated Press appear tooffer a rare bit of relief for the town of Libby, where widespreadasbestos contamination has killed an estimated 400 people andsickened 1,750.

The testing followed concerns raised by local officials, residentsand business owners who bought loads of the material to spreadaround their homes, in parks and for use as erosion control.Prior tests indicated the presence of asbestos in the piles, butnot how much.

Thousands of tons of the wood chips were shipped out of the Libbyarea for retail sales across the country. The sales went on foryears before federal regulators stepped in last year to halt thepractice.

The Environmental Protection Agency found no asbestos in recentair tests designed to mimic human exposure from spreading the woodchips. The agency previously had said a "very low level" ofasbestos had been found in tests of the wood chips themselves.

"It was all good news," said Rebecca Thomas of the EPA's regionalheadquarters in Denver. "There simply is no measured exposure."

No further EPA actions were planned on the wood chips, Thomassaid.

But one city official said he was still wary of the wood chipsdespite the results.

It remained uncertain whether sales will resume. The head of thelocal economic development agency that had sold the material saidno decision had been made, citing lingering uncertainties over thedangers posed by Libby's asbestos.The EPA has yet to complete its risk assessment for the town,considered the deadliest Superfund site in the nation. Libby wascontaminated by decades of vermiculite mining by W.R. Grace Co.,which released countless asbestos fibers that blanketed Libby andsurrounding forests.

Initial results from the pending study on the toxicity of thefibers determined even minute amounts can cause non-cancerousillnesses. Thomas said the small amount of asbestos found in thewood chips was below levels considered potentially harmful.

Paul Rumelhart, executive director of The Kootenai RiverDevelopment Co. said that if the sale of the chips resume, theagency might require a permit so officials could track thematerial.

"We might not allow it to be taken until the final results are outon the tox study," Rumelhart said.

But Libby councilman and landscaping business owner Allen Olsensaid he won't use the wood chips regardless of the EPA's theresults.

Olsen used the material by the truckload in the past. He said hehas developed a mistrust of the EPA in the decade that the agencyhas overseen the cleanup in Libby. That effort has cost more than$370 million to date and is years from completion.

"I absolutely, positively will not sell it or let a person haveany of it," Olsen said. "There's just been too manycontroversies."

U.S. Sen. Max Baucus, a longtime advocate for Libby in Congress,said the EPA test results were important for the town.

The AP reported last July that more than 15,000 tons of the chipsand bark were sold or distributed and much of that materialshipped across the country, despite evidence it contained anunknown level of asbestos.

Samples from the timber mill piles were first collected in 2007,and subsequent tests found asbestos in four of 20 samples analyzedunder an electron microscope. The EPA at the time did not attemptto quantify how much asbestos was present.

The agency also has been criticized for wetting down the pilesprior to collecting the samples, which could have made it harderto detect fibers. The samples recently analyzed were collected inAugust when conditions were hot and dry, Thomas said.

In fact, construction firm Pomerleau-Verreault had the option ofusing cement containing asbestos fibers, but chose to use moreexpensive cast iron instead when it installed drainage pipes inthe research centre of the Centre hospitalier de l'universite deMontreal. The research centre, now under construction, will bepart of the CHUM superhospital campus.

"There will be no asbestos anywhere in the research centre," saidLucie Dufresne, a CHUM spokesperson.

As for the future CHUM hospital, the private consortium in chargeof the project also has the option of using asbestos cement orcast iron.

"There is no intention of using asbestos cement, but the finalchoice is up to the consortium," Dufresne said, explaining thatthe contract with the consortium, Collectif sante Montreal, spellsout "performance specifications" that allow for asbestos cement orcast iron.

The lead partners of the private consortium, OHL and LaingO'Rourke, are based in Europe, where asbestos is banned in mostcountries.

However, the Quebec Safety Code of Construction does permit theinstallation and handling of a "product of asbestos cement,"provided that the material is "non-friable," or cannot break aparteasily.

Engineering firm SNC-Lavalin, the lead partner in the consortiumbuilding the MUHC superhospital, has decided to use asbestos-fibercement in drainage pipes.

The World Health Organization has declared asbestos to be "one ofthe most important occupational carcinogens," causing lung cancerand other lethal diseases like mesothelioma and asbestosis.

The WHO specifically warns that "continued use of asbestos cementin the construction industry is a particular concern because ...in-place materials have the potential to deteriorate and pose arisk to those carrying out alterations, maintenance anddemolition."

The Canadian Medical Association also has taken a strong standagainst asbestos, going so far as to call for an end to asbestosmining in Canada.

But MUHC officials are defending the decision by the consortium touse asbestos.

"There will be no asbestos fibers circulating in the air at theMUHC," the hospital network said in a statement released at theend of December.

"There will be fiber cement in a very precise use: disposal ofstormwater. The fiber cement is a material that is very rigid.It contains only 13% of fibers that are sealed and encapsulated ina cement matrix. The fibers are not brittle, and therefore poseno risk of emission of particles in the air."

SNC-Lavalin officials have refused to comment, referring allquestions to the MUHC.

A Montreal piping contractor, who spoke to The Gazette oncondition of anonymity, said using asbestos in the drainage pipeswill probably save the consortium tens of thousands of dollars.

The contractor explained that cast-iron pipes need to be insulatedwith a vapor barrier to prevent condensation in the winter.Asbestos-cement pipes, by comparison, do not need as muchinsulation because of the asbestos fibers.

"The net result is a substantial cost saving, I believe," thecontractor said.

The MUHC is insisting that it's respecting the highestenvironmental standards in building the superhospital. It hopesto be awarded silver status in Leadership in Energy andEnvironmental Design certification.

Under the LEED system, credit is given for the removal of asbestosfrom existing buildings. Caroline Phaneuf, a senior MUHC adviser,emailed The Gazette on Friday insisting that using asbestos in thedrainage pipes "does not affect our LEED silver certification."

ASBESTOS UPDATE: Chadha Stays on Red Cross Board Until June-----------------------------------------------------------Sarah Schmidt of The Montreal Gazette reports that the CanadianRed Cross on Jan. 13, rallied behind a board member who wascriticized for having ties to the asbestos industry, calling theMontrealer a "valued member" of the team.

Anti-asbestos campaigners reacted by calling for the resignationof board president Ted Tanaka "for betraying asbestos victims andthe very mission of the Red Cross."

They had asked Red Cross last month to immediately dump RoshiChadha from the board. Chadha is an executive of Montreal-basedSeja Trade Ltd., a subsidiary of Balcorp Ltd. that has for yearsexported asbestos from the open-pit Jeffrey asbestos mine inQuebec to India. Her husband, Baljit Singh Chadha, is seeking torevive the Quebec asbestos industry as the president of Balcorp.

The humanitarian organization responded by saying its governingbody would review Chanda's status at a board meeting.

On the eve of the meeting on Jan. 13, Canadian Red Crossspokeswoman Pam Aung Thin issued a statement defending Chadha as a"valued member" of the board of governors. She also said Chadhawill be completing her term in June, and confirmed she will not beseeking re-election at its annual general meeting.

Aung Thin declined to say whether the Red Cross requested that shenot seek a new term, saying only Chadha "will not be continuing"on the board after June and "her mandate ends there."

Chadha, who did not respond to a request for comment, was electedto the board of directors at the annual general meeting of theCanadian Red Cross in June 2008. Her strong board governanceskills were needed, a Red Cross spokesman said last month.

Currently, the organization does not specifically screen theprivate interests of its board members, and Aung Thin said theboard will now "explore" this idea.

Chadha is also affiliated with Balcorp, which is leading effortsto open a new underground Jeffrey mine to export asbestos to Asia.In addition to private financing, Balcorp is working to secure a$58-million loan guarantee from the Quebec government.

The Canadian Red Cross is considered a leading humanitarianorganization that provides disaster relief at home and abroad, andanti-asbestos campaigners say any affiliation with the export ofasbestos to developing countries conflicts with its mandate toimprove the lives of vulnerable people.

Canadian anti-asbestos campaigner Kathleen Ruff, along with LeahNielson -- whose father died in 2008 of mesothelioma followingexposure to asbestos as a younger man -- got things rolling whenthey complained to the Red Cross in December about Chadha'sinvolvement in the organization. They asked for her immediateremoval from the board.

At the time, a Red Cross executive told them the board woulddiscuss this "very important matter" at its January meeting.

"I appreciate that this is more than one month from now, but Ihope you will understand that this is a serious issue which raisesgovernance issues that we would like to address in a holisticfashion," Samuel Schwisberg, the organization's general counseland corporate secretary, wrote to Ruff last month.

Ruff blasted the organization's response on Jan. 13, saying it isa "heartbreaking betrayal that the Canadian Red Cross is sidingwith asbestos sellers and rejecting the plea of asbestos victims."

And given its mandate to promote health, "the asbestos industryaround the world will be thrilled that the Canadian Red Cross ispraising Canada's leading asbestos trader. But the hundreds ofthousands of asbestos victims overseas will be appalled by thisbetrayal," said Ruff.

"This makes me sick," added Nielson.

They joined the Canadian Voices of Asbestos Victims in calling forthe resignation of Tanaka.

In addition to her work with the Red Cross, Chadha also serves asa member of the board of governors at McGill University and amember of the board of directors of St. Mary's HospitalFoundation. Both organizations are in Montreal.

ASBESTOS UPDATE: Corgi Hosiery Guilty by Unanimous Verdict----------------------------------------------------------Alex Smith at The South Wales Evening Post reports that a localclothing manufacturer has been found guilty of failing to protectits workers from dangerous levels of asbestos.

Corgi Hosiery, based in Ammanford, denied a charge of puttingworkers' health at risk while the substance was being removed fromits factory.

But on Jan. 13, at Swansea Crown Court a jury found the companyguilty by unanimous verdict.

Corgi Hosiery was founded in 1892 by the great-grandfather of oneof the current directors -- Chris Jones.

It is said to be Prince Charles's favorite sock manufacturer andhe visited the factory in 2010 after the asbestos situation hadbeen cleared up.

The offence started in 2008 when Corgi decided to carry out workto the roof of its factory in New Road, Pantyffynnon.

Knowing the building contained asbestos, director Mr. Jones, 45,contracted out work to remove the potentially deadly substance toanother local firm, Dragon Cladding.

Before the Corgi trial, the director of now-defunct DragonCladding, Stuart Phillips, 25, of Manordeilo, Llangadog, hadalready pleaded guilty to not taking adequate steps to protectworkers from asbestos.

Now he will be sentenced in the same hearing as Corgi Hosiery atan unconfirmed date, possibly in Merthyr Tydfil, where JudgeRichard Twomlow is based.

Earlier, Jones told the court that Dragon Cladding had beenrecommended to him because of the company's portfolio of workabroad, including working for the U.S. Government in Afghanistan.

Jones also said bosses of the company had told him they had "yearsof experience" handling asbestos.

After the initial work had been done Mr. Jones and his sister andco-director, Lisa Wood, returned from a business trip in New Yorkand found some "untidy material" still present in the roof.

Matthew Paul, defending, asked Mr. Jones, who took the stand onJan. 12: "Did you ask if the material contained asbestos?"

Mr. Jones replied: "Yes. They said it did not."

The director added that although he now had 30 staff on his books,only one of his workers, press operator Paul Hale, was in thesection of the factory where the work was being carried out.

Officers from the Health and Safety Executive (HSA) were led tothe factory after an anonymous tip-off on Oct. 22, 2008.

They saw a skip filled with what looked like asbestos and roofingmaterial that also appeared to be coated in the substance.

It turned out that a waste management company had refused toremove the skip after realizing what it contained.

The HSE immediately ordered Corgi to evacuate the factory.

An investigation showed that asbestos dust had been spreadthroughout the factory and even across the car park, said theprosecutor.

Samples were taken from 14 places and each had asbestos in it.

A properly qualified company took ten weeks to clean the site at acost of more than GBP210,000, the court heard.

ASBESTOS UPDATE: Experts Say Seawall Hazards Pose Low Health Risk-----------------------------------------------------------------Clacton and Frinton Gazette reports that residents living close tosea defenses are being urged not to worry after asbestos wasdiscovered in seawalls.

The Environment Agency is about to start repairing flood defensesbetween Clacton and Jaywick. Workers will be kitted out inprotective clothing to make sure they aren't exposed to asbestosused in the wall.

Agency bosses say the safety gear is just a precaution and thereis a "minimal chance" of toxic fibers being released.

Experts brought in to look at asbestos found in grouting saidthere was only a low health risk.

The work is being carried out between The Close in Jaywick andHastings Avenue in Clacton. It is due to start this month andshould take 2-5 weeks.

ASBESTOS UPDATE: Commish Suggests New Complex Over Remediation--------------------------------------------------------------Ryan McCarthy of Keynoter.com reports that the discovery of moldand asbestos during a routine rehab project at the Marathoncourthouse in December has one Monroe County commissionerenvisioning a fresh start at the mile marker 48.5 building.

Commissioner George Neugent says with the cost to remove asbestos-containing materials from the county courthouse estimated at$165,000, the county should consider "razing and starting fromscratch if we can find the money."

In an e-mail to other county officials, Neugent suggestscollaborating with the city of Marathon on a new building thatcould serve as a courthouse, library, city hall, Sheriff's Officesubstation and county Tax Collector's Office.

"Presently, what we're doing is a Band-Aid approach as opposed toa proper procedure to deal with this in a comprehensive way.Money could clearly be the limiting factor here. But when I lookat the need and the asbestos problem ... my thoughts are let'stalk about razing the whole area, including the sheriff's station,and build a complex," he said.

Monroe County put a halt to the $907,000 courthouse renovation onDec. 27 after asbestos was discovered on the main courthouse'sceiling. The county has budgeted $529,600 for the project, whilethe 16th Judicial Circuit budgeted $400,000.

"We had just started the demolition of the interior of thecourthouse and that's when we discovered the asbestos. Originallyit was approximately a six- to eight-month project and this isgoing to cause a delay," county Project Management Director JerryBarnett said. He added that the county was in the process ofsoliciting proposals to remove the asbestos when the mold wasdiscovered.

"That'll increase renovations because we have to tear down thedrywall and make sure we get all the mold out," he said.

Meantime, the county has put a trailer in the parking lot to serveas a temporary courtroom.

The county has moved the once-monthly traffic court into theMonroe County Commission chambers at the Marathon GovernmentCenter.

"We knew it was going to be a disruption regardless of theasbestos," Elomina said. "We're trying to fit everything in withone courtroom. We worked out a scheduled for the next sixmonths."

Elomina said no jury trials can be held in Marathon until therehab project is complete. Becker presided over three jury trialsin Marathon in 2011.

"We have no way of selecting a jury because the courtroom is toosmall. [Becker has been] doing everything else there that she canexcept hold a jury trial," Elomina said.

Renovations for the main building include Americans withDisabilities Act- compliant bathrooms, new flooring and seating,repainted walls and new drop ceilings, among other things.

A proponent of economies of scale, County Administrator RomanGastesi said he plans to discuss Neugent's consolidation idea withMarathon City Manager Roger Hernstadt.

"I'm going to . . . see what the city's needs are and if it makessense to collaborate on a government complex. I don't think itmakes sense to [spend] $1 million to basically put lipstick onthat pig," Gastesi said.

Hernstadt said he's more than willing to discuss the idea. Duringsummer budget discussions, the City Council said it wants to builda city hall in the next three to five years. City government nowoperates out of trailers at 98th Street and U.S. 1.

"We would definitely want to explore every opportunity tocollaborate before each of us makes independent efforts,"Hernstadt said.

Marathon discussed a similar idea with Monroe as recently as 2007,when the two governments considered a combined city hall andcounty library slated to cost as much as $9 million. BiltmoreConstruction was even chosen for the work, but a final CityCouncil vote was delayed and never went through.

County staff is scheduled to seek approval for the $165,000removal of the asbestos at the Jan. 19 County Commission meetingat the Harvey Government Center in Key West.

ASBESTOS UPDATE: Manitobans Get $5MM From Federal Mogul Payout--------------------------------------------------------------Martin Cash of the Winnipeg Free Press relates that Don Stefanchukgot to play Santa Claus this week, handing out close to $5 millionto several Manitoba property owners.

The Manitoba head of Pinchin Environmental Ltd. distributed payoutcheques from a multimillion-dollar legal settlement with asbestosmanufacturer Federal Mogul that was more than eight years in themaking.

The recipients owned buildings that contained a type of asbestosfireproofing material called Limpet that was used extensively inCanadian buildings in the latter half of the last century.

Winnipeg Airports Authority received the largest award in Manitobaat $700,000 because of the presence of Limpet in the old airportterminal.

The claim comes as the WAA is preparing to demolish the oldterminal, and Pinchin is involved in asbestos abatement in thebuilding before demolition begins.

The WAA's Christine Alongi said there has to be particular caretaken in dealing with asbestos issues from buildings built in the1950s and 1960s.

"But the class action and the nice outcome had nothing to do withour plans for the old building," she said.

The Canadian involvement in the U.S. settlement is unique in a fewways. Pinchin officials say the legal claims would likely havefailed had they been presented in Canadian court. The Canadianparticipation was not instigated by the property owners, but byPinchin's own efforts.

About 70% of the $32-million eventual settlement will go toCanadian building owners. And of that Canadian component, about25% will be distributed to Manitoba claimants.

"Manitoba has more than its fair share from a geographicperspective," Stefanchuk said.

Pinchin Environmental acted as an agent for the plaintiffs. Itsfounder, Don Pinchin, has done pioneering work in asbestoslegislation and remediation and has acted as an expert witness inlawsuits in Canada, the United States and Europe.

His contact with South Carolina lawyers involved in a class-actionsuit alerted the American lawyers to the fact there were manyCanadian buildings that also had the asbestos present in theirbuildings and could become part of the suit.

Pinchin's staff in their offices across Canada set to workproviding the technical data needed for the court submissions andeffectively did all of the legwork for the award recipients.

Another large award recipient -- $198,000 -- was the CanadianWheat Board, whose Main Street head offices underwent extensiverenovation over the past decade, including expensive asbestosabatement.

Wheat board spokeswoman Maureen Fitzhenry said, "Our renovationstarted in early last decade and Pinchin Environmental came in tohandle the asbestos removal. They brought to our attention thatthere was a class-action suit that might be applicable to us. Weagreed to be part of it and there was really no work or cost forus to be involved."

In most cases, the asbestos has already been removed from thebuildings in question. Manitoba award recipients also includegovernment buildings, school divisions and private-sectorbuildings.

One of the private-sector properties that will be part of thewindfall is 287 Broadway. Doug Russell of Inlett Properties,owner of the building, said there has been paperwork back andforth, but he hasn't received a cheque yet.

It will likely come in handy as the 65,000-square-foot building isbeing refurbished top to bottom.

Alan Runyan, a partner in Speights & Runyan, the South Carolinalaw firm that spearheaded the class action and bankruptcy claimsaction, said there are still other actions ongoing against otherasbestos manufacturers.

"Today I met with local residents, Council staff and ourindependent hygienists to discuss resident concerns. "Abestos wascommonly used in building products last century and it's likely tobe buried in many of our parks and ovals which are built on formerlandfill and industrial sites. While this is not desirable, thematerial is safe unless it's drilled or sanded and consumed insome way.

"As soon as our workers found asbestos, they immediately stoppedworked and engaged an independent expert hygienist to test thesite and advise an Asbestos Removal Control.

"This plan recommended the contaminated area be encapsulated byplacing a geotextile fabric over the existing surface and placingat least 100mm of topsoil over the fabric. We are planning todouble this to 200mm of topsoil as an additional measure. "Thehygienist also conducted air monitoring and has subsequentlyissued clearance certificates for the surfaces and the air statingthat there was no remaining asbestos containing material on thesurfaces or any detectable fibers in the air," Mayor Nash said.

Council's contractors, on Jan. 15, completed turfing the easternside of the fields and the remaining area will be capped andturfed in the following week.

ASBESTOS UPDATE: Widow Carries on Crusade for Mesothelioma Victims------------------------------------------------------------------Sarah Scott of The Evening Chronicle relates that James Johnsonspent his final years fighting for justice for asbestos victims.But James Johnson died before he could see his battle won.

Now, his family have vowed they will keep up his campaign tocompensate Tyneside victims of pleural plaques.

"I am so frustrated and angry, I think that is how I could sum itup," said his 47-year-old widow, Marilyn.

James, of Sheriff Hill in Gateshead, died peacefully surrounded byhis family on Jan. 10 after contracting pneumonia through a chestinfection.

The 74-year-old grandfather was a dedicated voice in theChronicle's campaign for the Government to compensate victims ofpleural plaques, a scarring of the lungs caused by asbestos.

"I am very frustrated at the fact my husband has passed awayknowing he has fought all the way to the end to help the pleuralplaques cause and now the poor man is not here to see if it isoverturned or not," said Marilyn, who was married to James for 22years.

"It has been so up and down, one minute they were giving us freshhope and then we were told we were too late again.

"Our daughter Vicky, who collected names for the Chroniclepetition, always hated feeling useless, it was upsetting for thefamily as well as him."

The father-of-six was diagnosed with scarring on his lungs in 2005after a routine hospital check up. But because no one used thewords "pleural plaques", James did not realize he could claim forcompensation.

The Government ended the right to compensation in October 2007,but after the Chronicle's campaign, launched a scheme to giveGBP5,000 payments to those who got their claim in before thatdate. James -- like thousands of others -- did not qualify.

Since then, he fought with the Chronicle to end the compensationscandal.

"He would watch every Government debate about it on the TV andkept every cutting on it from the papers," said Marilyn, who actedas James' full-time carer for the past two years. "Now he willnever know one way or the other if he won and it is awful, buthopefully we can do it on his behalf," she said.

During the early 60s, James worked in a power station in Australiaand spoke about asbestos falling "like snow". In England, heworked for a company which installed cables at sites around theNorth East, including Newall's Insulation in Washington, where hesaid everything workers touched was covered in dust. His youngestdaughter Jessica said the Government's actions over compensationwere a "disgrace".

"I just do not understand how the Government can be so insensitiveto this disease," said the 20-year-old, who works as a supportassistant for Gateshead Council.

The family say James' ill health began with pleural plaquescausing breathing difficulties. He was diagnosed with chronicobstructive pulmonary disease in 2008 and later developed lungcancer.

"It is all a chain reaction from the scarring, that is what Iblame," said Marilyn. I would like to know if any of these MPs orpeople have had family members who have gone through what myhusband did, they should know how people feel."

But despite everything, Marilyn said James was always one to makelight of a situation. "He used to joke he would get a caravan andtake it across the border to Scotland and live there so he wouldget compensation," said Marilyn.

"We will always think of him with fond memories. He was a strongperson, very strong-willed and independent. He was very much afamily man, and loved spending time with his grandchildren.

"If he believed in something he was stubborn and would not letanyone change his mind, he would always see things through. Weare going to see this through for him."

The family, who extended their thanks to Marie Curie and Macmillannurses and Queen Elizabeth Hospital staff, are determined to makesure James did not suffer in vain.

James' funeral will take place on Wednesday, Jan. 18 at SaltwellCrematorium at 1.45pm, and in keeping with his wishes it will be ashort 10-minute service, followed by a party.

"He wanted a big celebration for everyone, instead of a longfuneral, said Marilyn. "He said there has to be a brandy andlemonade made, and it must sit untouched on a table all night. Itwas his signature drink, so a part of him will be there with us."

ASBESTOS UPDATE: American Felt Faces $146,300 Fine for Violations-----------------------------------------------------------------Occupational Health & Safety reports Occupational Safety andHealth Administration has cited American Felt & Filter Co. for 35alleged violations of workplace safety and health standards at itsNew Windsor, N.Y., plant. The company, which manufactures woolenfelt for a variety of products, faces a total of $146,300 inproposed fines following an inspection by OSHA's Albany AreaOffice.

"Our inspections identified numerous safety and health hazards,including several similar to those cited during earlier OSHAinspections of this facility," said Arthur Dube, the agency'sacting area director in Albany." Left uncorrected, these hazardsexpose employees to possible electrocution, crushing, and struck-by injuries, being caught in moving machine parts, hearing loss,falls, eye and hand injuries, asbestos, and lead."

Three repeat violations carrying $27,720 in fines involveunguarded lathes and failure to implement an effective respiratoryprotection program. OSHA cited the plant for similar hazards in2007.

"One means of preventing new and recurring hazards is to implementand maintain an effective illness and injury prevention program inwhich management and employees work together to proactivelyidentify and eliminate hazardous conditions," said Robert Kulick,OSHA's regional administrator in New York.

While at Alcoa, Melvin Butterfield was a crane operator, furnaceoperator and pot repairman. His wife, Carolina, Malone, filed alawsuit on Jan. 10 in state Supreme Court charging 19 companieswith negligence that led to his death.

According to the 22-page lawsuit, the companies passed offequipment that contained asbestos as being of good quality. Thelawsuit alleged the companies should have known the asbestos-related equipment could cause health defects. It alleges thatcaused Mr. Butterfield to develop a disease that caused his death.The lawsuit contained 10 causes of action asking for a total ofabout $85 million.

Ms. Butterfield's attorney, Adam S. Dreksler --adreksler@weitzlux.com -- of New York, said the number is higherthan what he is seeking.

"That number is part of the summons process," he said. "Asbestoscases usually don't go to trial."

Mr. Dreksler said he expects most companies usually will try tosettle.

"The process is just beginning," he said. "It's going to go onfor a while."

ASBESTOS UPDATE: Daughter Calls on Pa's Former Mates at Llanwern----------------------------------------------------------------South Wales Argus relates that the family of a Polish refugee whoworked at a Newport steelworks and later died from an asbestos-related disease are calling for help from his former colleagues.

Karol Leon Reichel, known as Leon to his friends, died in October2008 aged 91.

A post mortem examination found he was suffering from asbestosis-- a disease caused by exposure to asbestos dust.

Mr. Reichel came to Wales in the 1950s and worked as a fitter atLlanwern Steelworks from 1962 to the early 1980s.

Solicitors are trying to trace where he worked after that time.

Last year his daughter June Reichel instructed Thompson Solicitorsto investigate a claim for compensation.

She is now asking his former colleague to get in touch so the firmcan build a picture of his employment at the steelworks in a bidto find out how and where he came into contact with asbestos.

She said the family has lost touch with her father's workcolleagues and is now urging any who remember him to get in touch.

Amanda Jones from Thompsons Solicitors said they had acted onbehalf of a number of men who had gone on to suffer asbestos-related disease and they were interested in speaking to anyone whoremembered working with Mr. Reichel.

Anyone who can help is asked to call Ms. Jones on 01792 484922 ore-mail on amandajones@thompsons.law.co.uk

ASBESTOS UPDATE: Carcinogens Found in Queensland School Kits------------------------------------------------------------The ABC News reports that Queensland's Education Minister says hisdepartment has done all it can to remove science kits containingasbestos from all state schools.

One of the kits, which was more than 20 years old, was used bystudents at Pimlico High School in Townsville last year.

LNP spokesman Bruce Flegg says the Government must say whichschools have been using science kits that contain asbestos.

"One of the worst aspects of asbestos is that once a person isexposed, whether home renovation, a worker in the industry or achild or a teacher in a school, there is no way of knowing who hasinhaled potentially deadly fibers."

But the Minister, Cameron Dick, says an alert was issued toschools at the time and 159 kits have since been removed.

He says the students were at minimal risk as the asbestos was inrock form.

"I'm advised by our asbestos health adviser, Dr. Keith Adams,that there is minimal risk to any student who may have come incontact with that and we have withdrawn all the mineral kits fromQueensland schools," he said.

Education Department director general Julie Grantham says an alertwas sent out to every school to remove them from classrooms torule out the chance of contamination.

"We decided to make sure that all the mineral kits were removedfrom schools and that minimizes all the risks," she said.

"At the moment we've been advised that the fact they were therewas very low minimal risk, but the fact they're not there removesall risk."

ASBESTOS UPDATE: Brampton School Hazmat Test Results Due Soon-------------------------------------------------------------Roger Belgrave of the Brampton Guardian reports that Catholicschool board officials are trying to allay fears after parentslearned recent building maintenance work at a Brampton elementaryschool involved the removal and disposal of material containingasbestos.

On Jan. 13, the Dufferin-Peel Catholic District School Board senta letter home with students from Georges Vanier Catholic School.Addressed to parents and guardians, the letter was an attempt toprovide information about the situation and ease concerns childrenmay have been exposed to the material known to cause serioushealth problems.

An environmental consulting firm was hired and at the schoolJan. 13 to conduct air quality tests in the building. "Theresults indicate that the air quality in the school is comparableto any indoor air quality," said Bruce Campbell, a spokespersonfor the board.

Two more components of the tests must still be analyzed, he added,and those results are expected within the month. A Ministry ofLabor inspector was also present at the school during the tests,according to Campbell.

"It is unfortunate that some individuals have circulatedinaccurate information through rumors and innuendo that hasunnecessarily raised the level of concern within and beyond theschool community," the letter to parents stated.

During regularly scheduled maintenance and renovation work at theschool over the Christmas holidays, tile flooring being removedand replaced was found to contain trace amounts of "non-friable"asbestos, according to the school board.

Asbestos in this form is not easily released into the air, saidCampbell.

"The asbestos fibers are bound or locked into the product matrixso that fibers are not readily released," he explained. "Such aproduct would present a minimal risk for fiber release only whensubject to significant abrasion through activities like cutting orsanding with electric power tools . . . none of that happened atVanier."

The tiles at the school were pre-soaked in water for 24 hours,lifted from the floor and properly disposed of in hazardousmaterial bags, Campbell said. The process was performed by acontracted environmental consultant using strict Ministry ofLabour safety protocols and controls and in fact went evenfurther, he insisted.

Parents became aware of the work and concerned after a schoolmaintenance worker was seen wearing a mask. A parent also snappedphotographs of a large dumpster on school grounds which appearedto be filled with sealed hazardous waste disposal bags.Campbell insisted maintenance staff at the school were notinvolved in the removal process and had no information about whythe custodian would have been wearing a mask.

"Everything was done by the contractor," said Campbell. He addedthe material removed from the school was kept in a lockedcontainer on school grounds until its removal by the contractor."Someone would basically have to break into the container if theywere taking anything out," he remarked. "This is the normal,standard disposal, storage method for this type of material." The40-year-old school located on Finchgate Boulevard has an enrolmentof about 300 students in kindergarten to Grade 8.

Campbell conceded some of the other older schools in the boardcould contain non-friable asbestos, but there is no compulsion,regulation or legislation requiring removal.

ASBESTOS UPDATE: DOE's Portsmouth Site Abatement Completed----------------------------------------------------------The Chillicothe Gazette reports that an asbestos removal projecthas been completed in a dry air plant in the X-333 ProcessBuilding of the former gaseous diffusion plant at the Departmentof Energy's Portsmouth Site in Piketon.

"The removal of asbestos is part of the decontamination anddecommissioning process (D&D)," DOE Site Director Vince Adamssaid. "Protecting the health and safety of the personnel at theplant and in the community, as well as the environment, is thefirst priority in the clean-up process. Safe asbestos removallike this in the X-333 will be a significant part of theactivities to come."

Asbestos was used in many structures worldwide for decades untilit was determined that particles from the material, when airborne,could be hazardous to health. The safe removal of asbestos hasbecome an important part of the demolition of any facilityconstructed in the mid-20th century.

Cleanup work at the Piketon site was assumed by the DOE's primaryD&D contractor there, Fluor-B&W Portsmouth LLC, in March 2011. Inpartnership with Wastren Advantage Inc. of Piketon andsubcontractor Solid Rock of West Portsmouth, Fluor-B&W D&Doperations were able to remove asbestos associated with antiquatedand contaminated facilities that were part of the Cold War-erauranium enrichment process.

Industry consensus is that asbestos in good condition,undisturbed, is safe. Because the older buildings are expected tobe demolished, including the X-333, the asbestos must be removedwithin safe parameters established by the Ohio EnvironmentalProtection Agency and the Ohio Department of Health. The X-333dry air plant asbestos project began in November and requiredsupport in several specialized areas, Fluor-B&W Demolition ManagerKen Shinkle said.

Superintendent Jay Smoyer said the asbestos is removed whilecontained inside special "glove bags," and a filtered vacuumsystem assures no material is released. The material is thenremoved and packaged into containers under Department ofTransportation standards and shipped out of the area to anappropriate facility for disposal of contaminated asbestos.

"Many similar removal projects will soon be under way here as wemove forward with D&D," Adams said. "The DOE, through thededicated effort of our project teams and their sub-contractors,will continue to demonstrate a careful approach to saferemediation here at the site."

ASBESTOS UPDATE: Gippsland Disposal System Still Seeking Funds--------------------------------------------------------------Louis Nelson at the Latrobe Valley Express reports that the huntfor funding of the "world's first" mobile asbestos disposalfacility continues, after an initial funding attempt by localorganizations was rejected.

Funding for the project, which is designed to provide aquarantined environment to dispose of asbestos safely, wasrejected by the Environment Protection Agency in Novemberfollowing a submission by the Gippsland Regional Waste ManagementGroup.

Gippsland Asbestos Related Diseases Support group secretary VickiHamilton, a key driver of the project, said she was "quiteshocked" the EPA could not afford the funding. "It's the first ofits kind in the world and here is the EPA lagging behind; I'mquite shocked that they can't afford a few hundred thousanddollars for such a worthwhile project," Ms. Hamilton said.

Ms. Hamilton said more than three years had gone into developingplans for the facility, which were at a construction-ready stage,in conjunction with the GRWMG and mobile building developer EventStudios Australia.

EPA director environmental regulation Chris Webb said eight out ofnine applicants, for the $250,000 available in asbestos-relatedfunding, were either fully successful or partially successful lastyear, with beneficiaries from across Victoria including asbestosbin installations to public awareness campaigns.

"With a limited pool of funds, the EPA was keen to see value formoney being represented and as many projects benefit as possible,"Mr. Webb said.

According to design plans, the facility would enable a drivethrough service for cars and trailers to be enclosed inside, wherea negative pressure environment would prevent any crumbling'friable' asbestos from becoming airborne.

"Not only would people taking asbestos to the facility be safe,but (it) also keeps the workers safe," Ms. Hamilton said.

She said the facility was the next stage in combating illegalasbestos disposal in the region, after the success of asbestosdisposal kits implemented in Latrobe City Council.

This comes as a pile of rubbish including asbestos material dumpedat the derelict former Moe Presentation College site was assessedby a Latrobe environmental health officer as originating from an"external location".

GRWMG executive officer Matthew Peake said while he was"disappointed" the funding submission failed, the project"definitely had legs" and was hopeful it would attract funding.

"When you have things like cyclones and natural disasters, to beable to transport this quite mobile facility to an area in needwould be of great benefit," Mr. Peake said.

While Mr. Peake said Gippsland had "a relatively high number ofdisposal facilities", with five out of Gippsland's 50 transferstations capable of receiving asbestos, it had identified Baw BawShire as the testing site for the facility, with the Trafalgarlandfill site expected to reach capacity by 2013.

Ms. Hamilton said she was due to meet with the EPA chairperson inthe coming weeks.

ASBESTOS UPDATE: William Search Ltd Faces Mesothelioma Lawsuit--------------------------------------------------------------Katie Baldwin of the Yorkshire Evening Post reports that the widowof a man who died aged 54 of an asbestos-related cancer has spokenof her "heartbreak" that he missed becoming a grandfather.

Solicitors are now investigating how Andrew Ward, was exposed tothe deadly fibers which lead to mesothelioma.

Mr. Ward, from Lower Wortley, Leeds, died in March 2011 -- eightmonths after being diagnosed with the incurable cancer of the lunglining.

His wife, Daryl, who was married to Andrew for 32 years, said:"I'm totally devastated by Andrew's death. It was horrifying tosee the cancer take hold so quickly, and at such a young age formesothelioma.

"Our daughter Leanne gave birth to her first child in October andit's heartbreaking to know that Andrew has missed out on thechance to be a grandfather. It's something he had always lookedforward to."

Solicitors Irwin Mitchell are looking into conditions at WilliamG. Search Limited, where Mr. Ward worked as a hire controllerbetween 1978 and 1981.

The firm, which has its head office on Whitehall Road, Leeds,leases out equipment including portable buildings.

Mrs. Ward added: "Nothing can bring Andrew back but I just want toget to the bottom of where and why he was exposed to asbestos. Ifanybody worked at the company during the same time as Andrew Iurge them to come forward."

A spokesman for William G. Search said: "We are of course very sadto hear that one of our former employees has passed away at such arelatively young age, and our thoughts are with his widow andfamily."

He added that the long-established family business had an"exceptional" safety record and did all possible to make it a safeplace to work for employees.

The spokesman said that their insurers had conducted enquiries,including with former workers and around Mr. Ward's employmentwith the firm, and had concluded the company was not responsiblefor his illness.

"Whilst we have the greatest sympathy for Mr. Ward's family on itsloss, we do not believe that this company was responsible in anyway for the disease," he added.

Anyone who worked with Mr. Ward or has information should contactIan Toft on 0870 1500 100 or email ian.toft@irwinmitchell.com

ASBESTOS UPDATE: Howzat Fitness Abatement Will Go "By The Book"--------------------------------------------------------------The ABC News reports that the operators of Newcastle's HowzatFitness Centre say all precautions will be taken to protect nearbyresidents when work starts on removing the asbestos-affected roof.

The centre has been closed since November after low levels ofasbestos were found in dust samples.

Howzat Director Alan Green says the asbestos removal and internalcleaning will take several weeks but nearby properties will not beaffected.

"We've carried out a letter-box drop to inform everyone aroundHowzat that the work is occurring," he said.

"We have engaged a hygienist to ensure that all the work that'scarried out on the roof is done according to the regulations.

"We'll be monitoring the work on a daily basis."

ASBESTOS UPDATE: School Site Hazmat Not Friable, Council Says-------------------------------------------------------------Lynda McRae of The Latrobe Valley Express reports that debate hassurrounded the potential risk of asbestos left at Moe's formerPresentation College school site.

A recent inspection of the Wirraway Street site by Latrobe CityCouncil's environmental health officers found there was a pile ofrubbish, including asbestos material, on the site, but councilmaintained this did not pose a "nuisance".

Council said the material appeared to have been relocated from anexternal location and had not originated from the existingbuilding.

The Gippsland Asbestos Related Diseases group has, however,supported the campaign being waged by a resident in the WirrawayStreet area to see the material removed immediately.

GARDS secretary Vicki Hamilton said any broken asbestos sheets,lying around on a site which could be accessed by the public,posed a health risk

Moe resident Chris, who did not want his surname published, hasmounted an intense campaign over past months to have council forcethe site owner to clean up the land.

In a series of emails seen by The Express, Chris has highlightedthe "absolutely disgusting, third world slum state" of the siteand asked council to get its "act together" on the matter.

Latrobe City Council general manager community livability MichaelEdgar said local laws officers had inspected the property andasked the owner to remove the rubbish and attend to overgrownvegetation.

Mr. Edgar told The Express several property inspections had"confirmed the property did not constitute a nuisance pursuant tothe Public Health and Wellbeing Act 2008".

In a more recent letter to Chris, Council's local laws coordinatorPeter Fraser said while asbestos materials were present on thesite, they were "not in a friable state therefore they do notconstitute a nuisance" pursuant to that Act.

According to council, the December inspection found a large pileof hard rubbish and building materials had accumulated in thequadrangle of the former school but no friable asbestos waspresent.

ASBESTOS UPDATE: Garfield Elementary Abatement Lowest Bid at $138K------------------------------------------------------------------Phyllis Zorn of Enid News and Eagle reports that Schoolconstruction and renovation issues once again will be at theforefront at the Enid Public Schools Board of Education meeting.

At the meeting, the board will consider awarding a contract fordemolition of the old armory building on the grounds of the newGarfield Elementary School. Oklahoma Department of EnvironmentalQuality has finished lead removal and is ready to begin asbestosabatement on the old armory. Demolition can begin as soon as thestate completes asbestos work.

Of the six companies submitting bids, JDC Contracting submittedthe lowest at $138,000.

The board also will consider a change order for SilvercliffeConstruction's work on Taft Elementary School. An increase of$3,140 is sought to repair existing water damage to walls andceilings. If approved, the change will bring the new total forwork at Taft to $1.3 million.

Board members will consider hiring Easley Associates Architects todesign a bus parking lot at the maintenance center on Cleveland.The central office complex is in need of greater parking area, sobuses would be parked at the maintenance center if a new lot isbuilt there.

Up for discussion will be a memorandum of understanding withOpportunities Inc., which operates Head Start in Enid. Thememorandum irons out the agreement regarding the use of the Carverbuilding for Head Start preschool and such additional items asnutrition services for Head Start.

Board members will consider contracts with Community DevelopmentSupport Association for the Parents as Teachers program and EnidPublic School Foundation for the mutual benefit of eachorganization.

Also on the agenda are several routine purchase and spendingapprovals for school activity fund accounts and encumbrances fromtransportation bond, multipurpose bond, activity, educationalfacilities and general funds.

ASBESTOS UPDATE: RACV Denies Insurance Claim--------------------------------------------Jesse Wray-McCann of The Mordialloc Chelsea Leader reports thatthe Chelsea family whose home was blanketed in asbestos has beendealt another blow after their insurance claim was rejected.

Dr. Len Cubitt and his family were forced to evacuate their BathSt. home last month after a contractor sprayed lethal asbestosfibers over their property while cleaning a neighbor's roof with ahigh-pressure water hose.

The clean-up cost is expected to top $200,000 for Dr. Cubitt'shome and two other properties, while Dr. Cubitt faces costs of upto $30,000 to reinstate contaminated paving, trees, shrubs andeven the topsoil.

But Dr. Cubitt was left dismayed and shocked last week when RACVrejected his insurance claim on the basis that the incident wasnot a "malicious act".

"If it's not a malicious or deliberate act then it's an accidentand I thought that's what insurance was meant to cover," Dr.Cubitt said. "For RACV to find a loophole like this isfundamentally wrong.

"This has been an absolute rollercoaster emotionally for me, mywife and family, and now to be treated like this is justterrible." Dr. Cubitt, who has been with RACV since the 1970s,said he would fight the decision.

RACV general manager insurance Paul Northey said home insuranceclaims for incidents that were a result of malicious acts werecovered by the RACV policy.

WorkSafe is making inquiries about the incident after launching aninvestigation into the contractor.

WorkSafe and Kingston Council will be monitoring clean-up works onthe three properties, which are due to take place this week.

ASBESTOS UPDATE: LNP Says Government Tried to Hide Mismanagement----------------------------------------------------------------Kerri Burns-Taylor of the Warwick Daily News reports that theState Government has come under fire for yet another report ofasbestos mismanagement inside school gates.

Students at Townsville made a startling find when they discoveredtraces of the deadly material in their science kits.

The LNP has accused the government of attempting to cover up theincident.

Warwick is no stranger to asbestos scandals, with the potentiallydeadly material found scattered around Warwick West School at thestart of last year.

As with this latest incident, there were allegations of a cover-up.

A whistleblower at the heart of the West School debacle accusedauthorities of attempting to hide the information from parents,only alerting them after rumors began circulating and parentswithdrew their children from class.

Member for Southern Downs, Lawrence Springborg, said while he wasnot aware of all the finer details of the Townsville incident, hewould be hugely concerned if it were true there was a deliberatecover-up.

When asked whether the allegations of mismanagement were a failureof the policy itself or its execution, Mr. Springborg said thepolicy was not to blame.

He said the department's policy manual was so black and white "itlooks like a zebra". He said the Warwick West debacle was theresult of a failure to adhere to it.

"The manual is one of the clearest manuals anyone could read andthe problem was departmental people didn't follow it," he said.

"It's so clear, a primary schooler could clearly understand it."

Mr. Springborg said he had no doubt these kinds of claims wouldcontinue to arise in schools.

"It is inevitable there will be more incidents because that's whathappens. It would be a brave man to say it was the last time anincident like this would happen," he said.

LNP shadow minister for education Dr. Bruce Flegg slammed theBligh government for "deliberately trying to hide the presence ofasbestos in schools from parents".

"Why did the Bligh Government refuse to make a public statementabout the discovery of asbestos in science kits?" he asked

ASBESTOS UPDATE: Chadha, Robinson Resign From Red Cross Board-------------------------------------------------------------Tim Povtak of The Mesothelioma Center reports that Roshi Chadha, acorporate executive in the business of asbestos exportation, onJan. 16, 2012, resigned from the board of directors at theCanadian Red Cross, three days after receiving a vote ofconfidence from the organization's leaders.

Her sudden resignation stemmed from efforts made primarily by theCanadian Voices of Asbestos Victims (CVAV), which had beenlobbying for her dismissal.

"This is wonderful news, just wonderful," Stacy Cattran, one ofthe co-founders of CVAV told Asbestos.com. "This is a realvictory for the cause. Unfortunately, we haven't had enough ofthem in the past in Canada. There have been too many rejections.This is very empowering, knowing our voices can be heard. It'sinspiring."

Chadha is an executive with Seja Trade, an exporting company and asubsidiary of Balcorp, Ltd., which is lobbying the Canadiangovernment for a $58 million loan guarantee to reopen an asbestosmine in Quebec. She also is married to Balcorp president BaljitChadha.

Asbestos is the mineral that causes mesothelioma cancer.

Roshi served on the board of directors since 2008. Her term wasto expire in June.

On Friday, Jan. 13, before the three-day Red Cross Board ofDirectors meeting was scheduled to begin, the Red Cross issued astatement in her support:

"The Canadian Red Cross announced [on Jan. 13] that Ms. RoshiChadha, a valued member of its National Board of Governors willcomplete her term, ending in June, 2012. In accordance with theby-laws of the Canadian Red Cross, members of its National Boardof Governors are elected or re-elected through a nominationprocess that culminates with a vote by eligible volunteers fromacross the country as part of its Annual General Meeting in June."

The statement was sent on behalf of Sam Schwisberg, generalcounsel and corporate secretary of the Canadian Red Cross.

By Sunday, Jan. 15, though, Chadha had informed other boardmembers that she would resign. By Jan. 16, the Canadian Red Crosshad removed her name from the list of Board of Directors on itsweb site, leaving only a hint of what had transpired.

"After the Jan. 13-15 meeting of the National Board of Governors,two Governors have resigned from the Board due to governanceissues," is what it said under the list of current Board members.

Also leaving suddenly this weekend from the Board was PeterRobinson, CEO of the Suzuki Foundation, an environmental groupthat had been critical of the asbestos industry. Speculation isthat Robinson resigned because of the organization's earliersupport of Chadha, which had come just hours before the entireboard was scheduled to discuss the issue.

Although the use of asbestos has been dramatically reduced inCanada in recent decades, the exportation to developing countriescontinued until the last few months of 2011 when the last tworemaining mines were closed. Chadha and her husband have beenlobbying to re-open one of the mines to resume the exportation.

The Canadian Red Cross is considered one of the world's leadinghumanitarian organizations, providing much-needed disaster reliefboth at home and abroad, often to developing countries where theasbestos has been shipped.

The inclusion of Chadha on the board had infuriated the growinganti-asbestos faction in Canada, and an obvious conflict ofinterest.

Chadha also is a board member with the St. Mary's Hospital andMcGill University in Canada, which is where the anti-asbestoslobby will move next.

ASBESTOS UPDATE: SSAG Braces for Round 2 v Oaktree Environmental----------------------------------------------------------------Bristol Evening Post reports that Protesters against the dumpingof asbestos near the source of much of North Somerset's water arepreparing for battle once again.

Concerned residents have launched their second campaign to stopwhat they fear would be a "dangerous" development at Stowey Quarryin the Chew valley.

Oaktree Environmental wants to store up to 645,000 tons of "stablenon-reactive hazardous waste" in the quarry over the next 10 years-- including cancer-causing asbestos.

Objectors have a number of fears, the main one that asbestosparticles could find their way into nearby Chew Valley Lake, whichprovides water for much of Bristol, North Somerset and North EastSomerset.

They are also worried about the possibility of airborne asbestosparticles affecting people's health and an increase in the numberof lorries using the area's country roads to and from the quarry.

Permission was initially granted by Bath and North East SomersetCouncil's planning committee by six votes to five last July,despite opposition from Bristol Water and parish councilors.

But following continued protests, petitioning and the threat of ajudicial review, the committee agreed last September to quash itsdecision.

The council admitted it had not adequately informed residents ofthe nature of the plans before they were considered. That U-turnwas formally ratified at the High Court last month. But thatmeans it is back to square one for the protesters, as the planningapplication is expected to be re-advertised soon before a newdecision later in the year.

A council spokesman said before the High Court ratification: "Weaccept that the site notice and newspaper advert did not whollycomply with Environmental Impact Assessment (EIA) regulations. "Amember of the public reading the notices would have been unlikelyto realize that the proposal was for EIA development and wouldtherefore be unaware of their right to inspect and comment uponthe environmental statement at an early stage in the process.

"The planning application will be properly advertised and re-determined by the council. Members of the public and stakeholderswill have the opportunity to give their view about the applicationonce the proposal is re-advertised."

On Jan. 13, the Stop Stowey Action Group held a rallying meetingat Bishop Sutton village hall. About 100 people were inattendance, signing petitions and letters of concern to thecouncil, and letters to the Environment Agency and Bristol Waterurging their support against the application.

The first time round, 1,800 signatures on a petition weresubmitted and there were a number of protest marches after theapplication had been considered. This time the group is ensuringit is fully prepared for the re-application, and the 21 days inwhich they will be able to make objections.

Dr. Phil Hammond, who is also a journalist and comedian, urgedeveryone to spread the word and support the campaign.

"What we've done before is brilliant, but it counts for nothingthe second time round and we've got to state our case as stronglyas possible again," Dr. Hammond said. "The proposals make nosense whatsoever to me and I believe we have a very strong case.It just seems to be a completely wrong site for the dumping ofhazardous waste."

Residents also expressed concern about the effect the extratraffic could have on the "area of outstanding natural beauty" andthe possibility of hazardous waste escaping from the quarry, whichis on a hill, if there was a landslide.

David Elliott, 57, who has lived near the quarry in Hinton Blewettfor the last 30 years, was the person who launched the judicialreview to "protect his family".

At the meeting, he said: "We have to do everything we possibly canto stop this happening."

Dr. David Dickerson, of Bishop Sutton, has carried out extensiveresearch for the campaign.

Talking of how asbestos particles could pass through the air, hesaid: "They would have no problem, even on a non-windy day,reaching Bishop Sutton. But on a windy day these fibers wouldremain in the air, maybe until we get a good deluge or a good fogto wash it out."

Preparing for their next planning battle, campaigners took homeplacards saying "Stop Stowey Quarry, Say No To Asbestos."

Oaktree Environmental already has consent for lorry deliveries todump general waste, and permission for mineral extraction from thequarry if it wishes. Marco Muia, director of sales and specialprojects, confirmed the application will be reheard, but said thedate it will be re-advertised is up to the council.

ASBESTOS UPDATE: Kits Being "Portable Items" Were Not Registered----------------------------------------------------------------Tanya Chilcot and Peter Michael of The Courier-Mail report thatasbestos found in classroom mineral kits does not have to berecorded on State Government school registers set up to informparents of the potentially deadly material.

It comes despite kits across the state testing positive forasbestos, with students potentially being exposed.

The Courier-Mail revealed on Jan. 16 there had been two statewiderecalls of classroom mineral kits last year after four Year 8Townsville students opened one and identified the potentiallydeadly material had once been inside.

The kit later tested positive for the substance, although the rocksample had been removed.

The State Government and Opposition blamed each other for exposingstudents to asbestos. Opposition education spokesman Dr. BruceFlegg said the availability of the kits in schools until 2011 was"astonishing" and evidence the Government was not taking asbestosseriously, but Premier Anna Bligh said the LNP had put the kitsinto schools.

Education Queensland director-general Julie Grantham said at least159 kits had been removed from 75 schools, but these discoveriesdid not have to be placed on school asbestos registers becausethey weren't buildings or fixed plant and equipment associatedwith buildings and grounds.

"The mineral kits are considered to be a portable item," Ms.Grantham said.

Dr. Flegg said the failure to include portable items on theregisters exposed a loophole for other potentially dangerous itemscontaining asbestos.

ASBESTOS UPDATE: City to Disburse $5MM, After Johnsonia Abatement-----------------------------------------------------------------Paula J. Owen at the Telegram & Gazette reports that Cityofficials and attorneys representing the owner of the JohnsoniaBuilding are at odds over how much insurance money to makeavailable to the city if the fire-damaged building on Main Streetbecomes structurally unsafe and needs to be immediatelydemolished.

It has been six months since the six-alarm fire that rippedthrough the top, fifth floor of the building the evening of June13, displacing more than 60 people.

Since then, city officials have become increasingly wary about thepotential dangers the building and the asbestos inside it pose tothe public.

In housing court Dec. 17, the city attempted to access part of$6.1 million in insurance money in the event the Johnsoniabuilding becomes structurally dangerous with potential winterstorms, but was denied.

The court gave owner Clark Straight more time to deal with thebuilding, including the removal of asbestos. Stephen D. Curry,the director of the city's Health Department, is in charge ofmaking sure Mr. Clark follows through with housing court orders tohave asbestos removed.

Mr. Clark, Mr. Curry said, hired a company to remove asbestos fromthe building and is working on a plan to submit to the city andDepartment of Environmental Protection.

"They are trying to test some things that potentially may not beasbestos, to save costs," said Mr. Curry. "Otherwise it will allbe assumed to be asbestos. They are ruling things out."

Mr. Clark's attorneys, he said, have made a proposal to disburse$5 million of the $6.1 million to pay some of the contractors thathave worked in the building since the fire and pay for attorneyfees.

However, Mr. Curry said the city wants more than $1.1 million heldback should the building endanger the public.

"They want to take the entire $5 million and disburse it," Mr.Curry said. "We want to leave a little more in the coffers incase we have an emergency storm that causes a partial collapse, toprotect the general public. We don't want the money releasedunless the asbestos is done. We have no objection to paying forthe work that has been done, but we want to see itemized lists ofattorney fees to show costs."

Mr. Curry said the city does not want the cost of demolishing thebuilding on the backs of taxpayers. If asbestos is not removedfrom the building and it has to be torn down, it could cost inexcess of $6 million, he said.

"It shouldn't be on the taxpayers' backs," Mr. Curry said. "Thatis what we're trying to protect, along with potential dangers."

If asbestos is removed, the city would be agreeable to the $5million disbursement, Mr. Curry said.

"It is reasonable for asbestos removal to take another 30 to 60days once a plan is in place and permits are issued," Mr. Currysaid. "It could be quicker, depending on what these tests show."

ASBESTOS UPDATE: "Scott" Suit vs. Chase Corp. Remains Inactive--------------------------------------------------------------Chase Corporation is one of over 100 defendants in a lawsuitpending in Ohio which alleges personal injury from exposure toasbestos contained in certain Chase products. The case iscaptioned Marie Lou Scott, Executrix of the Estate of James T.Scott v. A-Best Products, et al., No. 312901 in the Court ofCommon Pleas for Cuyahoga County, Ohio. The plaintiff in the caseissued discovery requests to Chase in August 2005, to which Chasetimely responded in September 2005. The trial had initially beenscheduled to begin on April 30, 2007. However, that date had beenpostponed and no new trial date has been set. As of November2011, there have been no new developments as this Ohio lawsuit hasbeen inactive with respect to Chase, according to the Company'sJanuary 9, 2012, Form 10-Q filing with the U.S. Securities andExchange Commission for the quarterly period ended November 30,2011.

Chase Corporation, founded in 1946 -- http://www.chasecorp.com/-- is a manufacturer of protective materials for high reliabilityapplications throughout the world.

ASBESTOS UPDATE: Chase Corp. Still in Discovery in "Jansen" Suit----------------------------------------------------------------Chase Corporation was named as one of the defendants in acomplaint filed on June 25, 2009, in a lawsuit captioned LoisJansen, Individually and as Special Administrator of the Estate ofThomas Jansen v. Beazer East, Inc., et al., No: 09-CV-6248 in theMilwaukee County (Wisconsin) Circuit Court. The plaintiff allegesthat her husband suffered and died from malignant mesotheliomaresulting from exposure to asbestos in his workplace. Theplaintiff has sued seven alleged manufacturers or distributors ofasbestos-containing products, including Royston Laboratories(formerly an independent company and now owned by ChaseCorporation). Chase has filed an answer to the claim denying thematerial allegations in the complaint. The parties are currentlyengaged in discovery, according to the Company's January 9, 2012,Form 10-Q filing with the U.S. Securities and Exchange Commissionfor the quarterly period ended November 30, 2011.

Chase Corporation, founded in 1946 -- http://www.chasecorp.com/-- is a manufacturer of protective materials for high reliabilityapplications throughout the world.

ASBESTOS UPDATE: MRC Global Continues to Defend 989 Claims----------------------------------------------------------MRC Global Inc. is involved in various legal proceedings andclaims, both as a plaintiff and a defendant, which arise in theordinary course of business. These legal proceedings includeclaims that individuals brought against a large number ofdefendant entities, including the Company, seeking damages forinjuries that certain products containing asbestos allegedlycaused.

As of September 30, 2011, the Company is a defendant in lawsuitsinvolving approximately 989 of these claims. Each claim involvesallegations of exposure to asbestos-containing materials by anindividual or his or her family members. The complaints typicallyname many defendants. In a majority of these lawsuits, little orno information is known regarding the nature of the plaintiff'salleged injuries or their connection with products that theCompany distributed. Through September 30, 2011, lawsuitsinvolving over 11,817 claims have been brought against theCompany. No asbestos lawsuit has resulted in a judgment againstthe Company to date, with the majority being settled, dismissed orotherwise resolved. In total, since the first asbestos claimbrought against the Company through September 30, 2011,approximately $1.6 million has been paid to asbestos claimants inconnection with settlements of claims against the Company withoutregard to insurance recoveries. Of this amount, approximately $1.1million has been paid to settle claims alleging mesothelioma, $0.3million for claims alleging lung cancer and $0.1 million for non-malignant claims.

According to the Company's January 12, 2012, Form S-1 filing withthe U.S. Securities and Exchange Commission, there has been anincrease in the number of claims filed since the fiscal yearending December 31, 2009. The Company believes that this increaseis due to a recent increase in the marketing efforts by personalinjury law firms in West Virginia and Pennsylvania. Although theCompany does not know whether this is a trend that will continuein the near term, in the long term, the Company anticipates thatasbestos-related litigation against it will decrease as theincidence of asbestos-related disease in the general U.S.population decreases.

The Company annually conducts analyses of its asbestos-relatedlitigation to estimate the adequacy of the reserve for pending andprobable asbestos-related claims. These analyses consist ofseparately estimating the Company's reserve with respect topending claims (both those scheduled for trial and those for whicha trial date had not been scheduled), mass filings (includinglawsuits brought in West Virginia each involving many, in somecases over a hundred, plaintiffs, which include little informationregarding the nature of each plaintiff's claim and historicallyhave rarely resulted in any payments to plaintiff) and probablefuture claims. A key element of the analysis is categorizing theCompany's claims by the type of disease the plaintiffs allege anddeveloping "benchmark" estimated settlement values for each claimcategory based on the Company's historical settlement experience.These estimated settlement values are applied to each of theCompany's pending individual claims. With respect to pendingclaims where the disease type is unknown, the outcome is projectedbased on historic experience. The reserve with respect to massfilings is estimated by determining the number of individualplaintiffs included in the mass filings likely to have claimsresulting in settlements based on the Company's historicalexperience with mass filings. Finally, the Company estimates thevalue of probable claims that plaintiffs may assert against itover the next 15 years based on public health estimates of futureincidences of certain asbestos-related diseases in the generalU.S. population. Estimated settlement values are applied to thoseprojected claims. the Company's annual assessment, dated September30, 2011, projected that its payments to asbestos claimants overthe next 15 years are estimated to range from $5 million to $11million. Given these estimates and existing insurance coveragethat historically has been available to cover substantial portionsof its past payments to claimants and defense costs, the Companybelieves that its current accruals and associated estimatesrelating to pending and probable asbestos-related litigationlikely to be asserted over the next 15 years are currentlyadequate. The Company's belief that its accruals and associatedestimates are currently adequate, however, relies on a number ofsignificant assumptions, including:

* That the Company's future settlement payments, disease mix and dismissal rates will be materially consistent with historic experience;

* That future incidences of asbestos-related diseases in the U.S. will be materially consistent with current public health estimates;

* That the rates at which future asbestos-related mesothelioma incidences result in compensable claims filings against the Company will be materially consistent with its historic experience;

* That insurance recoveries for settlement payments and defense costs will be materially consistent with historic experience;

* That legal standards (and the interpretation of these standards) applicable to asbestos litigation will not change in material respects;

* That there are no materially negative developments in the claims pending against the Company; and

* That key co-defendants in current and future claims remain solvent.

If any of these assumptions prove to be materially different inlight of future developments, liabilities related to asbestos-related litigation may be materially different than amountsaccrued or estimated. Further, while the Company anticipates thatadditional claims will be filed in the future, it is unable topredict with any certainty the number, timing and magnitude ofsuch future claims.

MRC Global Inc. is the largest global industrial distributor ofpipe, valves and fittings ("PVF") and related products andservices to the energy industry based on sales.

Over Garlock's objections, U.S. Bankruptcy Judge George R. Hodgesgranted a motion submitted by a committee of asbestos claimantsallowing it to compel testimony and review documents held by thebank, which reviewed the restructurings, Law360 relates.

About Garlock Sealing

Headquartered in Palmyra, New York, Garlock Sealing TechnologiesLLC is a unit of EnPro Industries, Inc. (NYSE: NPO). For morethan a century, Garlock has been helping customers efficientlyseal the toughest process fluids in the most demandingapplications.

On June 5, 2010, Garlock filed a voluntary Chapter 11 petition(Bankr. W.D. N.C. Case No. 10-31607) in Charlotte, North Carolina,to establish a trust to resolve all current and future asbestosclaims against Garlock under Section 524(g) of the U.S. BankruptcyCode. The Debtor estimated $500 million to $1 billion in assetsand up to $500 million in debts as of the Petition Date.Affiliates The Anchor Packing Company and Garrison LitigationManagement Group, Ltd., also filed for bankruptcy.

The filing covers only Garlock operations in Palmyra, New York andHouston, Texas. Garlock Rubber Technologies, Garlock Helicoflex,Pikotek, Technetics, Garlock Europe and Garlock operations inCanada, Mexico or Australia are not affected by the filing, nor isEnPro Industries or any other EnPro operating subsidiary.

About 124,000 asbestos claims are pending against Garlock instateand federal courts across the country. The Company saysmajority of pending asbestos actions against it is stale anddormant -- almost 110,000 or 88% were filed more than four yearsago and more than 44,000 or 35% were filed more than 10 years ago.

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